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Old November 21, 2021, 10:35 PM   #64
44 AMP
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Join Date: March 11, 2006
Location: Upper US
Posts: 26,118
This was pretty much my point, that you don't sue the individual actor when the govt is the responsible party for what happens.

There is a degree of logic to the point that no matter if an agent of the state or as private citizen, it is the individual who pulls the trigger. HOWEVER when someone is acting as an agent of the state (police, military, or "OGA") our government assumes the responsibility for their actions.

Provided that those actions are within approved rules, training and guidelines. When they are not, and the govt disapproves of them, then the individual who performed the unapproved actions is the responsible party.

In the postulated scenario, a cop shoots at a bad guy and strikes an innocent bystander vs. a private citizen defending themselves who shoots at a bad guy and strikes an innocent bystander, the physical act is the same. Someone who should not have been shot gets shot.

The rest of the situation is completely different, and is not treated the same under the law, and I think, correctly so. One can argue if the current way the law treats the incident is fair or just, or sufficient or insufficient, but I cannot see any basis for arguing that they are not different and so should be treated the same.
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