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September 2, 2019, 02:19 PM | #1 | |
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Victims and Families of Dylan Roof Cleared to Sue Fed
https://www.cnn.com/2019/08/31/us/dy...uit/index.html
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The concept that the Federal government can be held accountable for mistakes that contribute to the criminal actions of third parties is an interesting one. I don't think this is going to make it all the way through the courts.
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September 2, 2019, 02:52 PM | #2 |
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The article is (as usual) woefully incomplete. The NICS system relies on input from parties/entities outside of the FBI's control. The article doesn't go into what/where the [alleged] lapses in the NICS system were with regard to Dylan Roof. Did state authorities properly report him to NICS and the FBI failed to enter the data in the system, or are the families suing the federal government for not acting on information they didn't have?
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September 2, 2019, 02:55 PM | #3 |
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I'm surprised it got past sovereign immunity.
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September 2, 2019, 03:26 PM | #4 | ||
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Quote:
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September 2, 2019, 07:07 PM | #5 |
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No, the fight isn't over. I'll have to go take a peek, but my guess is that this is just the Motion to Dismiss stage and that Summary Judgment has yet to arrive.
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September 3, 2019, 08:26 AM | #6 |
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Here's the 4th Circuit ruling. The plaintiffs are represented by the Brady Center, which is odd for two reasons.
First off, they've been bringing (and losing) nuisance lawsuits against gun manufacturers and dealers for the last few years in an attempt to weaken the PLCAA. When they lose, the plaintiffs are left holding the bag for legal fees. Their attorneys should know better, and I'm surprised they haven't been censured for this. Second, the "loophole" that allows a dealer to release a firearm if he hasn't received a response within three business days was their idea in the first place. They wrote the Brady Act, and they supported it with that provision plainly inserted. I find it ironic that they're suing over compliance with their own law. The lawsuit notes that the NICS examiner found something fishy in Roof's record, but for some reason she had to do the legwork to find the relevant documentation. That's not how it's supposed to work. The onus is on local authorities, who failed to report it to NICS in the first place.
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September 3, 2019, 09:32 AM | #7 | |||
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Quote:
The government is immune from suit for execution of inherently governmental functions unless it specifically waived immunity and consented to be sued. The Court of Appeals isn't holding that the government fails to set forth an immunity claim under those codes sections. Rather, those codes sections include a framework that explicitly waives immunity and consents to suit. I don't see how this works out for the plaintiffs. If an intervening criminal act of a third party doesn't insulate the government from liability, we can stop complaining about the surplus of lawyers. The first part of the code is an exception to a jurisdictional part of the code, Quote:
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September 3, 2019, 11:04 AM | #8 | |
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