Monday, July 26, 2004

Bill Janklow: I'm Above The Law

Disgraced former Representative Kill Bill Janklow (R-S.D.) is seeking to avoid liability for punitive damages (and all personal liability) by claiming he was doing the work of the United States when he sped through a stop sign, killing Randy Scott. Which means that federal taxpayers pick up the tab for Janklow's deadly joyride.

This A.P. story gets it wrong:

If the case is moved back to state court in Minnesota, the Scott family could get punitive damages, which are not allowed in federal court. Meshbesher said Janklow's lawyers have 10 days to respond.

Actually, it's the Federal Tort Claims Act which precludes punitive damages. Punitive damages are awarded in federal court all the time.

Janklow didn't even get a slap on the wrist and, with respect to the civil law, he may get away with murder.

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