Monday, July 11, 2011

I'd Write an Amicus Curiae for This

Terry was killed in December 2010 at the hands of an illegal immigrant working for the Sinaloa Cartel while patrolling an area near Tucson known as Rio Rico.

Officials traced the gun found at the scene to Operation Fast and Furious, a weapons trafficking program run by the U.S. Department of Justice and the Bureau of Alcohol, Tobacco, Firearms and Explosives that let guns travel south of the border.
While it is very difficult to sue the government, it is not impossible and there is precedence.

The question is one of causation, that is, whether it was foreseeable that the government's actions could lead to the injuries that resulted.  For you law geeks, review the Federal Torts Claim Act.  I recall in 1L Law, I had to argue for a suit against the government brought about by the family of a woman who was fatally mauled by a bear in a national park.  There, the hypothetical was whether the warning signs to the woman were adequate, and thus whether there was an assumption of risk when she decided to take a pic-a-nic basket into Yogi's nabe in the back part of Jellystone Park (c'mon, it was a hypothetical, so no female environmentalists with unshaven legs were harmed in the making of the project).

But the Federal Torts Claim Act does not make it easy to sue the federal govenment.  However, if ever it was foreseeable that death or injury could reasonably result from the sale of assault rifles to Mexican drug cartels, well . . . this is it.

2 comments:

Joe @ Defend Us In Battle said...

I would help with the brief and could probably get some other folks on board as well.

junior said...

Are full-auto "machine guns" legal in Tenn?