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  1. #1
    Join Date
    Jun 2010
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    2

    Default Can Federal Employees Be Sued

    My question involves injury or loss that occurred in the state of: Montana


    If a Federal employee knowingly and willfully violates state law and an individual suffers monetary damages as the result of the violation of said laws, can that federal employee be sued for the resulting monetary damages?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Can Federal Employees Be Sued

    Need more details.

    Mike, you posted this in PM, so I'm sharing it here in order for myself and others to try to offer assistance:

    Last year I was indicted for Assault on Federal officers with a deadly weapon, sounds real bad right, well it was....for me, but not at all what it sounds like.

    I live in a very remote piece of montana, lots of predators.......I carry a rifle with me at all times on my property.

    Last july myself and two grandchildren are WALKING ON OUR PROPERTY. I observed a vehicle, non-descript, no markings traversing our property to make a long story short. They were 3 forest service employees in a unmarked vehicle and no visible means of ID. Remember they are on my property and went through a gate with 5 no tresspassing signs. Not knowing who they were I told them to stop.....they ignored and kept going, Not knowing who they were or what they were up to I took my rifle off my shoulder to my waist at the ready pointing away from them. I called a Deputy sheriff she arrived took care of things and they all left. A month later I get indicted for Assault. I go to Federal court and found not guilty. The forest service employees testified that they knowingly broke the law and trespassed that they were able to do so because they worked for the federal government. The deputy in her report and testimoney stated the men never spoke to her at all about being assaulted or in fear of their lives and morever appeared relaxed and jovial upon her arrival and throughout the encounter. She testified she was shocked to see the Assault with a dealy weapon charges later in that it was her experience that when in fear of their lives people speak up.

    I never once threatened the men on my property, nor did I verbally assault them in any way shape or form....as my attorney told the jury, "Forestry was caught with their pants down and didn't know what to do!" The resulting trial resulted in a lot of costs including attorney fees I would like to recoup that money in a lawsuit. I feel the men knew they were violating the law, as they testified to in court, these actions resulted in a monetary loss on my part, an unecessary loss had the men not violated the law.


    I have absolutely no prior criminal record.

  3. #3
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Can Federal Employees Be Sued

    The government and its employees only can be sued to the degree that the government allows. Government has soverign immunity. That is why there is the Federal Claims Act. You need to look into that and proceed with a claim before any legal action is possible.

  4. #4
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,666

    Default Re: Can Federal Employees Be Sued

    If he is already working with a lawyer, what did s/he say?

  5. #5
    Join Date
    Jun 2010
    Posts
    2

    Default Re: Can Federal Employees Be Sued

    I have spoken to a couple of attorneys, one told me it would not be in his long term financial interest to take on the us attorneys office(at least he was honest), another told me not enough money in it.

    My issue here is wrong is wrong......this has had a very detrimental effect on me.......keep in mind I am 60 years old never been in trouble one day in my life........these folks who WERE NOT OFFICERS but a real estate guy and a bug guy trespass on my property with no forms of id except an id card in their wallet and I get called of it because forestry doesn't want anyone getting in their face and challenging their authority and their ability to do what they want even if it is violating the law.

    I don't even get much of a response here..............I go back to wrong is wrong............it appears the government and it employees can just willy-nilly violate any law they wish and it is ok........something inside me says this is really wrong.........but is it a sign of the times and if it is, believe me it will get to all the rest of you, it is just a matter of time.

    So how about someone here giving me an opinion..............hey am I right or am I wrong here. it is black and white to me.......maybe for some reason I'm not seeing that I was really wrong, if so someone tell me so.........if not how about someone giving me some direction..........is there a group of attorneys out there that really believe in right and wrong.........some that their moral values equal more than their pocket book and a group or individual that is not afraid of the government and the effect it will have on their long term financial interest..............I mean what happened to all you folks........

    This is very discouraging............will someone give me a good opinion!!!!

  6. #6
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Can Federal Employees Be Sued

    If you find an attorney who doesn't care about the money, but does care about helping you prove your point and agrees with your ideas of right and wrong and your moral view, please let me know. I will be certain to nominate that person for a bar award.

    In the meantime, I'm trying to stop laughing and rolling on the floor.

    Like I said, the Federal Claims Act is your first step. You can NOT sue until you exhaust your options with that.

    If you sue, you will not win, it is that simple. And I am not going to waste my time trying to explain it to you. If you want a shoulder to cry on and be told what you want to hear, you are on the wrong board.

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