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Originally Posted by 44 AMP
Valid points about conscription and how the winners write the rules, but I don't see how either applies to the idea being put forth that legal consequences should be the same no matter who you work for (govt/private).
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It illustrates the point that we may do something because it is the best solution we've found, even if it has problems.
That a government agent may injure someone is a problem. Having that agent answer a civil complaint as if he were not a government agent solves one problem and introduces a different problem to the basic operation of a sovereign government by disregarding its sovereign character.
Governments do recognize that telling every last person with a claim to get bent is a problem, so Congress has some guidelines that allow some claims, and states have courts of claim for the tiny universe of cases states choose to allow, but it isn't anything like the claim one can file against those subject to the decisions of the sovereign.