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From: "Rich Lesperance" <richl@ma*.co*>
To: "Tech Diver" <techdiver@aquanaut.com>, "VB Tech" <vbtech@ci*.co*>
Subject: Re: Juno Death
Date: Sat, 10 Jul 1999 22:49:06 -0400
Umm, Mark, I'm not quite sure that's accurate. I believe it is that
_serving_ members of the armed forces cannot sue their service. As far as I
know, there is no prohibition against civilians suing the US government, or
any departments thereof. Maybe that makes me one of those idiots you
described, I dunno, but until very recently, I couldn't sue because I was on
active duty. Not that I had any reason to, of course. I'm sure the courts
would need adequate justification to haul the military in a courtroom,
though.

As far as suing an individual while he is on duty, you're quite right.

So what about it, Lawyers, am I an idiot?

Rich L


----- Original Message -----
From: Mark Steingart <cavedive@at*.ne*>
To: Jim Cobb <cobber@ci*.co*>
Cc: Tech Diver <techdiver@aquanaut.com>; VB Tech <vbtech@ci*.co*>
Sent: Saturday, July 10, 1999 8:43 PM
Subject: Re: Juno Death


> Well,
>
> To be quite honest, I doubt the competency of any lawyer who says he is
going
> to sue any branch of the U.S. Armed Forces. As any idiot can tell you,
they
> are totally protected by Federal Law from civil litigation even if they
cause
> death due to negligence, destroy your reputation due to slander or libel,
> make false accusations or anything else.
> If you don't believe me, ask the family of Seaman Hartwig (USS Iowa).
>
> Additionally individual members of the armed forces are protected under
the
> same federal act, from civil litigation as long as they were acting as
agents
> of the government when the questionable act occured. Translation: A
Soldier
> or Sailor who kills someone while drunk driving may be sued, however if he
> kills someone while drunk driving on duty, you will have one hell of a
time
> trying to sue him, even though he may still be disciplined by the military
as
> well as prosecuted by the civil authorities.
>
> Steingart
>
> >
> >
> > I think it really sucks when a diver dies. In some situations people
> > should pay. In other situations the money grubbing is really sickening.
> > Suing the Navy and Coast Guard, just how far does this idiot lawfirm
> > think they are going to get with that? Now one tragedy is going to be
> > compounded by several more. And the only thing which will be
accomplished
> > is the lining of the pockets of a bunch of money-grubbing shyster
> > lawyers. This sport is not fun anymore.
> >
> >    Jim
> >
> >  -------------------------------------------------------------------
> >  Learn About Trimix at http://www.cisatlantic.com/trimix/trimix.html
> >
> > --
> > Send mail for the `techdiver' mailing list to `techdiver@aquanaut.com'.
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>
>
>
> --
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