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Default I'd hate to be the Air Force member..

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.

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Default I'd hate to be the Air Force member..

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'.
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First recorded activity by BoatBanter: Jul 2007
Posts: 36,387
Default I'd hate to be the Air Force member..

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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