I asserted nothing, as I put IMO behind it. You can't back up your claim that they are not liable, no more than I can they are. If it has never been litigated, and would produce a case of 1st impression, then it will mean NEW law.
I put IMO above, and you asked me to produce case law. You produce some here since you also put IMO!The sovereign immunity to a private contractor angle, on the other hand, is interesting. Clearly there are contexts where government immunity carries over to private contractors (even though, in my opinion, that rarely if ever should happen).

