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Good points, all - unfortunately, I am not a lawyer. Wait a minute, what am I saying? I'm damn happy I'm not a lawyer! Too much self-respect. As for what releases or anything I signed as a private, your guess is as good as mine. Thankfully, my days as a PV2 were long, long ago. Still, there's no kind of release in my official personnel files, or my fiche. But they certainly wouldn't need one if you are right about that act. Right or wrong, we are officially waaay off-topic here, and whether you sue the military, or it's parent organization (the Gov't) seems, in retrospect, a little academic. Thanks for the good examples though. Rich L , ----- Original Message ----- From: Mark Steingart <cavedive@at*.ne*> To: Rich Lesperance <richl@ma*.co*> Cc: Tech Diver <techdiver@aquanaut.com>; VB Tech <vbtech@ci*.co*> Sent: Monday, July 12, 1999 9:31 PM Subject: Re: Juno Death > I know that when you joined the service, Rich, you had to sign a release that > said you would hold the military harmless in every possible way and that you > recognize that you cannot sue. I know because I had to sign it too. > > However, there IS an act that protects the MILITARY, notice I did not say > government. Imagine the wrongful death lawsuits that would result from a case of > friendly fire, or the experimentation that went on after WWII with regards to > Blacks being subjected to experimentation when they unknowingly had plutonium > introduced into their bodies, as well as active duty servicemen being subjected > to large amounts of fallout. Consider the Agent Orange debacle that happened > during Viet Nam, or the mysterious illness that has afflicted Desert Storm vets. > > Now I ask you, after all of that how many times has a BRANCH OF SERVICE been > named as a defendant in a civil lawsuit, and how many times has there been a > monetary award as a result. If I'm wrong here, than in fact I'm the idiot. (by > the way I'm not talking about suing for back pay and benefits and the like, the > military deals with that all the time within their own system) I'm talking about > the huge multi-million dollar awards for pain and suffering, and the like. When > was the last time such a thing happened? > > Steingart > > Rich Lesperance wrote: > > > 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'. > > > > Send subscribe/unsubscribe requests to `techdiver-request@aquanaut.com'. > > > > > > > > > > > > -- > > > Send mail for the `techdiver' mailing list to `techdiver@aquanaut.com'. > > > Send subscribe/unsubscribe requests to `techdiver-request@aquanaut.com'. > > > > -- > > Send mail for the `techdiver' mailing list to `techdiver@aquanaut.com'. > > Send subscribe/unsubscribe requests to `techdiver-request@aquanaut.com'. > > > -- Send mail for the `techdiver' mailing list to `techdiver@aquanaut.com'. Send subscribe/unsubscribe requests to `techdiver-request@aquanaut.com'.
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