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On Tue, 07 Nov 2017 13:07:26 -0500, John H
wrote: On Tue, 7 Nov 2017 11:53:16 -0500, "Mr. Luddite" wrote: There must be a couple of hundred lawyers heading for Texas right now. Can a private citizen sue the Air Force or Department of Defense? If so, this could cost the government millions upon millions if not more. Maybe. https://www.nolo.com/legal-encyclope...TCA-29705.html That sort of comes back to the line that you need to get permission from the government to sue them based on this (from your article) "Once you have gone through the procedures listed above -- a process known as "exhausting your administrative remedies" -- you are eligible to file a lawsuit in court to pursue money damages from the government". Basically they get to say when you have exhausted all administrative remedies and they define what that procedure is. |
#3
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On Tue, 07 Nov 2017 15:14:54 -0500, John H
wrote: On Tue, 07 Nov 2017 14:17:21 -0500, wrote: On Tue, 07 Nov 2017 13:07:26 -0500, John H wrote: On Tue, 7 Nov 2017 11:53:16 -0500, "Mr. Luddite" wrote: There must be a couple of hundred lawyers heading for Texas right now. Can a private citizen sue the Air Force or Department of Defense? If so, this could cost the government millions upon millions if not more. Maybe. https://www.nolo.com/legal-encyclope...TCA-29705.html That sort of comes back to the line that you need to get permission from the government to sue them based on this (from your article) "Once you have gone through the procedures listed above -- a process known as "exhausting your administrative remedies" -- you are eligible to file a lawsuit in court to pursue money damages from the government". Basically they get to say when you have exhausted all administrative remedies and they define what that procedure is. Thus the word 'maybe'. I think that is why most suits against the federal government are about policy, not damages. About 25 years ago we had a guy who was suing EPA over a land use issue, claiming an uncompensated "taking". In the end the feds said he had not exhausted all of his remedies until he sued the county although it was a federal wet lands law involved and an EPA ruling. In the end it made it all the way to the SCOTUS who let the lower court ruling stand and he got $22 million from the county for not being able to build on his 40 acres. He gave it up for $100 as part of the judgement. |
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