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Author Topic: DEA Destroys Your Truck and Gets Your Employee Killed...And Owes Owner Nothing  (Read 1369 times)

roo_ster

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DEA Destroys Your Truck and Gets Your Employee Killed...And Owes Owner Nothing
« on: May 05, 2015, 10:00:59 AM »
Who Pays When The DEA Destroys Your Vehicle And Kills Your Employee During A Botched Sting? Hint: Not The DEA
from the law-enforcement:-still-hazardous-to-innocent-Americans dept

https://www.techdirt.com/articles/20150428/16401530826/who-pays-when-dea-destroys-your-vehicle-kills-your-employee-during-botched-sting-hint-not-dea.shtml

Quote
TL; DR, courtesy of Andy Vickers, Patty's attorney:

    A federally deputized corporal from the Houston Police Department decides to pay your small company’s driver to drive your truck to the Mexican border, load it up with illegal drugs, and try to catch some bad guys. He knows that the driver is lying to “the owner” – although he doesn’t know your name or identity and doesn’t bother to find out. The bad guys outwit the cops. Your company’s driver is killed. Your truck is riddled with bullet holes.

    Query:   is our federal government liable to pay for the damages to you and your property?

    Answer:   Nope.

Sovereign immunity must be tossed out like the rubbish it is.

Do mash the link and read the whole thing.



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roo_ster

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wmenorr67

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Re: DEA Destroys Your Truck and Gets Your Employee Killed...And Owes Owner Nothing
« Reply #1 on: May 05, 2015, 10:07:39 AM »
Wonder if the family of the deceased driver can sue for wrongful death?
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brimic

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Re: DEA Destroys Your Truck and Gets Your Employee Killed...And Owes Owner Nothing
« Reply #2 on: May 05, 2015, 10:10:29 AM »
Actually surprised the DEA didn't confiscate all of the the truck owner's assets for 'running a drug smuggling operation.' The loss of operating money and other assets might be enough to bankrupt the owner and keep him from going to court to sue the DEA- for using his assets for 'running a drug smuggling operation.'  I've come to expect .gov to play this dirty.   [tinfoil]
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Re: DEA Destroys Your Truck and Gets Your Employee Killed...And Owes Owner Nothing
« Reply #3 on: May 05, 2015, 10:59:11 AM »
This is becoming SOP with our the government.  

Edited to change 'our' to 'the'.  It is not our government any longer.  We have lost our Republic.
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MechAg94

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Re: DEA Destroys Your Truck and Gets Your Employee Killed...And Owes Owner Nothing
« Reply #4 on: May 05, 2015, 03:21:46 PM »
Quote
No statute, regulation, or policy “specifically prescribe[d]” or prohibited the course of action Patty alleges the DEA agents followed.
IMO, that is the is the opposite question.  What statute, regulation, or policy specifically ALLOWS that course of action.  Govt was supposed to only be able to do what it was specifically allowed to do. 

And apparently, "covert, undercover" means they can break the law at will with no consequences also.
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vaskidmark

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Re: DEA Destroys Your Truck and Gets Your Employee Killed...And Owes Owner Nothing
« Reply #5 on: May 05, 2015, 04:31:07 PM »
Quote from: MechAg94 on May 05, 2015, 03:21:46 PM
IMO, that is the is the opposite question.  What statute, regulation, or policy specifically ALLOWS that course of action.  Govt was supposed to only be able to do what it was specifically allowed to do. 

And apparently, "covert, undercover" means they can break the law at will with no consequences also.

Laws are written to list what may not be done.  Regulation and rule can go either "what may not be done" or "what must be done".

The DEA is playing the same game young children play when caught by their parents - "You said I could not cut Susy's hair with scissors.  You said nothing about cutting her hair with nail clippers."  Those that engage in such concrete thinking are usually diagnosed as seriously mentally ill.

stay safe.
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If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege.

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MechAg94

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Re: DEA Destroys Your Truck and Gets Your Employee Killed...And Owes Owner Nothing
« Reply #6 on: May 05, 2015, 06:06:01 PM »
Quote from: vaskidmark on May 05, 2015, 04:31:07 PM
Laws are written to list what may not be done.  Regulation and rule can go either "what may not be done" or "what must be done".

The DEA is playing the same game young children play when caught by their parents - "You said I could not cut Susy's hair with scissors.  You said nothing about cutting her hair with nail clippers."  Those that engage in such concrete thinking are usually diagnosed as seriously mentally ill.

stay safe.
I can understand the DEA lawyer making the argument.  The trajedy is the judge agreeing. 
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RoadKingLarry

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Re: DEA Destroys Your Truck and Gets Your Employee Killed...And Owes Owner Nothing
« Reply #7 on: May 05, 2015, 09:31:38 PM »
Everyday I see another government abuse story that makes me think the Killdozer franchise might actually be a lucrative business.
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Balog

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Re: DEA Destroys Your Truck and Gets Your Employee Killed...And Owes Owner Nothing
« Reply #8 on: May 06, 2015, 09:06:07 PM »
The DEA is a purely evil organization.
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Re: DEA Destroys Your Truck and Gets Your Employee Killed...And Owes Owner Nothing
« Reply #9 on: May 07, 2015, 12:25:32 PM »
I would get paid back... it might not be in money but I WOULD get paid back.
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vaskidmark

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Re: DEA Destroys Your Truck and Gets Your Employee Killed...And Owes Owner Nothing
« Reply #10 on: May 07, 2015, 02:44:34 PM »
Quote from: HeroHog on May 07, 2015, 12:25:32 PM
I would get paid back... it might not be in money but I WOULD get paid back.

Dude -

Ever since I've known you you have had problems getting the idioms right. :P

Getting "paid back" is different from "getting payback".

And I want an invitation to the party associated with the second option.

stay safe.
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If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege.

Hey you kids!! Get off my lawn!!!

They keep making this eternal vigilance thing harder and harder.  Protecting the 2nd amendment is like playing PACMAN - there's no pause button so you can go to the bathroom.
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