From: Allen Robinson <sebaygo@intellinet.com>
Date: Fri, 14 Jul 95 10:42:52 PDT
To: Damaged Justice <frogfarm@yakko.cs.wmich.edu>
Subject: Re: Suing/Reputations (was: Root Causes)
In-Reply-To: <199507140314.XAA05815@yakko.cs.wmich.edu>
Message-ID: <Pine.3.89.9507141223.A8798-0100000@sibyl.intellinet.com>
MIME-Version: 1.0
Content-Type: text/plain




On Thu, 13 Jul 1995, Damaged Justice wrote:

> Title 42 of the United States Code is the section that describes
> the process by which one may sue a government official. However:
> 
> "...an officer may be held liable in damages to any person injured in
> consequence of a breach of any of the duties connected with his
> office...The liability for nonfeasance, misfeasance, and for malfeasance
> in office is in his 'individual', not his official capacity..." 70
> AmJur2nd Sec. 50, VII Civil Liability.
> 
> So the trick is to sue the offender as an individual, and not as a
> government official.

I composed my "misfeasance in office" post before reading this
thoughtful  and well researched message from Damaged Justice.
I had read all of the messages in my mailbox with "Re: Root
Causes" as the subject, but missed this one, since the subject
line had been changed.

Damaged Justice has looked into this in much greater depth than
I have, and raises some interesting possibilities.  
(Obviously, IANAL.)

AR

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"Government is not reason... it is force.  Like fire, it is a dangerous
servant and a fearful master."                      - George Washington
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
Allen Robinson...................................sebaygo@intellinet.com
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