4 ms·
Government actors are immune from all liability, and can not be sued unless the government gives you permission to sue them You are misunderstanding and wrongl
by yummypaint 3y ago
Government actors are immune from all liability, and can not be sued unless the government gives you permission to sue them
You are misunderstanding and wrongly extrapolating qualified immunity. Ready any newspaper and you will encounter multiple counterexamples to your statement. Please at least read the wikipedia entry. Here's a start:
"Qualified immunity applies only to government officials in civil litigation, and does not protect the government itself from suits arising from officials' actions.[4]"
- phpisthebest 3y ago>>extrapolating qualified immunity no, I am talking about sovereign immunity, which has nothing to do with qualified immunity, and is absolute. you can not sue the government unless the government has passed a law under which they have allowed you to sue them.
- yummypaint 3y agoThis is also incorrect. Tort law, for example, is very broad. There is no need for thousands of laws specifically enumerating permutations of how someone can be wronged. It's true that suing the government is different than an individual, but it isn't remotely as difficult as you seem to believe. Under the Federal Tort Claims Act, you can sue the federal government if: You were harmed by a federal employee The employee was acting within their official duties when the harm occurred The employee acted intentionally or negligently in a way that caused the harm You experienced actual damages as a result of the employee’s action Source and Further reading: https://www.forbes.com/advisor/legal/personal-injury/can-you-sue-government/ https://www.forbes.com/advisor/legal/personal-injury/can-you...
- phpisthebest 3y agoyou do understand that you just agreed with me right? the Federal Tort Claims Act is the federal government waiving their immunity under limited cases. None of the claims allowed by the Federal Tort Claims act would allow you to sue a federal single payer health system for denial of care that was part of offical policy, or procedure.
- yummypaint 3y agoI would also point out that you are similarly unable to sue individuals in a corporation, though you can sue the corporation itself. "Piercing the corporate veil" requires alot of special and onerous conditions to be met, somewhat similar to qualified immunity.