Bill Janklow in the news again, you won't believe this

evenslower

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Well, what do you get when you get when you're a former governor, a congressman, and you kill another person because of your wreckless driving and total disregard for the rules of the road. If you think a slap on the hand (which is what his jail time is) isn't enough, how about this......

A federal court has declared that Janklow was "on duty" at the time of the accident, therefore any civil damages awarded in the case would be paid by guess who, you and me, good ole Mr and Mrs taxpayer. And if that wasn't enough, his lawyer is now trying to move the case to federal court where because of this ruling the less than honorable Mr Janklow would be replaced by the federal goverement as the defendant. Can you believe that? He won't even be named as the defendant in the case where he killed another human being. This would also eliminate any punitive damages being awarded to the family of Randy Scott as they apparently are not awarded in federal court. But then again, how can they be punitive if the taxpayers pick up the tab anyway?

Just when you think you've heard it all.............. :flame:
 

Okiewan

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I really wish I wouldn't have read that. I was having a good day.
 

BSWIFT

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Jim G said:
It's getting real old having to fund other peoples stupidity in the form of tax dollars.
Vote and get others to Vote!
 

srellis

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I heard that on the radio last night and couldn't believe it. I would get fired if I was drinking on the job. Maybe they need that for them too.

Susan
 

Wraith

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And just think, people are making a fuss over Martha Stewart :debil:
 

Jeff Gilbert

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When I was in grade school (long time ago) a police officer came to visit my class. One of the things he talked about was the "Spirit of the Law". It's time to bring those days back and along with it, hold people resposible for their actions. It's time to forget all this BS where no one takes responsibility for their actions. He should be held accountable! Clearly Janklow is a man of no honor.
 

Wraith

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Jeff Gilbert said:
Clearly Janklow is a man of no honor.

I agree with you 100%. But we can't stop with him, what about the the judge/jury who gave him the 100 day sentence? They should feel just as bad as he does. I know if I was one of them, I couldn't sleep well at night, knowing I let a man off that easy :whiner: We've let our political leaders get away with to much for to long, and it's going to be and long and hard road for us and our children to turn things around.
 
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evenslower

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I hear where you're coming from MrLuckey. How do you get a bunch of lawyers (also known as congressman, senators, et. al) to push through any type of real tort reform? They have and stand to continue to benefit from the current system. Its going to take a tremendous amount of political pressure and I'm not sure where it would come from.

The judicial system, activist judges, and judges with a political agenda are extremely scary. They wield far more power and can do more harm than most people realize.
 

KaTooMer

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Jul 28, 1999
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Ah, yes, the Federal Tort Claims Act:

"The federal government covers liability claims for negligence and wrongful acts committed by federal employees that happen by during official business."

And it just so happens that members of Congress are, in fact, federal employees. Imagine that, our lawmakers making a law that allows them to do wrongful, negligent stuff on the job and be immune from personal liability.

Only in America.
 

ML536

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Your state government also usually covers negligent acts committed by state employees while in the course of their business. Just like an employer is usually responsible for the negligence of his employee if the employee was acting in the scope of his employment.

The reason punitive damages cannot be awarded (if the government is picking up the bill) is that punitive damages are intended to punish the offender. If the government would be held responsible to pay punitive damages, then it is the taxpayer who would be punished, which is obviously unfair. That's why punitive damages are not allowed in these circumstances.

Lawsuits against the government are usually complicated by the fact that the government is immune from many different kinds of suits. In fact, at one time, you could not sue the government no matter what it did. This is called "sovereign immunity", and came from the days when the king could do no wrong. Realizing the unfairness of this rule, most governments allow certain kinds of suits under limited circumstances. Sovereign immunity varies from state to state, and is another hurdle that makes it more difficult for a plaintiff to recover against the government.

I hope that this was not too boring, but I thought some of you might be interested.
 

BSWIFT

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***self edit***wrong forum for that line of posting.
 
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fender92883

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KaTooMer said:
"The federal government covers liability claims for negligence and wrongful acts committed by federal employees that happen by during official business."

And it just so happens that members of Congress are, in fact, federal employees. Imagine that, our lawmakers making a law that allows them to do wrongful, negligent stuff on the job and be immune from personal liability.

Only in America.
:debil:
 

2smoke

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Reading all this just reminds me that in all democracies (mine included) is that all people are treated equally and fairly by the law......and like in all democracies some people are just treated a little more equal and fairly than others. That Wanklow (bad pun) even fights on though he murdered a man through his negligent driving shows his true colours and then he whips out that loophole so he doesn't actually incur financial loss for taking a human life.......what a prick.
 

nephron

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2smoke, when I was pickin' oranges yonder your side of the pacific pond, Holk (Prime Minister) stepped off the podium and kicked the crap out of some protesting idiot. Damn, that was awesome. 'Only in Australia' :laugh:

Maybe he was covered by a similar law?

Imagine that, our lawmakers making a law that allows them to do wrongful, negligent stuff on the job and be immune from personal liability.

So when Clinton had his helm*t pol*shed in the White House, he wasn't covered 'cuz he's workin' for the people, not the government...right? :think:
 

2smoke

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Nephron....ahhh the good old days...you couldn't do that here now..the media would kill you. being a knuckle man isn't as acceptable as it used to be!!! and yes ours are covered by special compensation laws when on duty....they make sure of it.

You should see the superannuation for politicians here... a goldmine for minimum time and contribution while the rest struggle to deal with the goal posts being moved every year. They talk about changing it but no one does. See....same sh@t different country.

As for Bill......well all I can say is there is nothing wrong with polishing your helmet....even out back of the Oval Office......just be vewy, vewy qwiet :laugh:
 

nephron

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there is nothing wrong with polishing your helmet

I can't polish my own, but if you can yours...why, good on ya' mate. :eek:
 

2smoke

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:ohmy: Gee I dont know about that Dr Feelgood....if I could do something weird like that Id be out there in California starring in them there porno's with a really cool name like.... "Big Smoke".

No I was thinking something more along the lines of using a proven service....like Lewinsky Helmet Polishing Services....that company has a world wide repuatation.....
 

Jon K.

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2smoke said:
That Wanklow (bad pun) even fights on though he murdered a man through his negligent driving shows his true colours and then he whips out that loophole so he doesn't actually incur financial loss for taking a human life.......what a prick.

If you are going to condem Janklow; condem him for the criminal negligence and plain stupidity that he exhibited in the incident. There is no defending those actions that took Mr. Scott from his family.

But don't condem him for looking for the lightest sentence he can get, and don't condem him for looking to keep his $$ in his pocket. I, and most anyone else that I can think of, would do the same.
 
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