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If I let my dog out or it escaped and bit or killed someone it would be put down and I would be charged.

Would we be able to sue the Government if an offender who is allowed to be released early from Prison or phsychiatric hospital, or one of the Home Offices "Lost" paedophiles, sex offenders or murderers would we be able to sue the Government if he/she harmed or killed a member of our family?

2007-01-28 05:16:55 · 15 answers · asked by st.abbs 5 in Politics & Government Law & Ethics

15 answers

You cant sue the government, but you may be able to sue the dept. that failed in it duty, but i think you'd find this a very expensive course of action. You could probably claim compensation form the criminal injury's board, but don't expect this to be a fortune. The government is beyond reproach, didn't you know that ?

2007-01-28 05:25:25 · answer #1 · answered by Anonymous · 1 0

Generally, the Government cannot be sued unless it consents to be sued because of sovereign immunity. See Boyle v Bell Helicotper Corp. Employees of the government can, however, be sued when they commit negligent or otherwise tortious acts in the performance of their normal duties. See Bivens v Six Unknown Agents of the DEA. In Bivens, the High Court recognized for the first time that a cause of action existed where an agent of the government acted with intent or with reckless disregard for the likelihood of violating a known protected federal right. The government will consent to be sued in some cases, if the government feels that the legal concept is important enough that they want a court to decide it, but it doesnt happen often.
Now hospitals can be sued, under your facts. See Tarasoff v Regents of the University of California Berkeley, et al. In Tarasoff, a psychiatric patient stated to his psychiatrist that he
intended to murder a young woman that he knew who had rebuffed his romantic overtures. Well, the patient was allowed to go free, and after he murdered the young woman, the case went up on appeal, and the ruling was that the doctor and the hospital were both liable under the "Future Crime and Fraud" exception to the doctor/patient privilege.
In summary, your cause of action, if any, lies against the
hospital, since the government does have immunity.

2007-01-28 05:36:54 · answer #2 · answered by Jeffrey V 4 · 1 0

We definitely should be able to, but I doubt if it would work. I would go after the therapist or whoever signed for him to be able to be in society as well. Children have no rights in this country, or very few, only if it attacks the parents. If you murder a child, your sentence is a lot less than if you murder an adult. If the child isn't born yet, most don't get accused of murder at all, even when they should.

2007-01-28 05:28:52 · answer #3 · answered by Fruit Cake Lady 5 · 1 0

well, you could probably try but when you consider that you would be a private citizen going up against the state with pretty much unlimited resources and de facto control of the courts its probably not really worth trying. Youll only end up on some subversives list and end up going to see somebody in room 101 at the ministry of love

2007-01-28 06:40:49 · answer #4 · answered by vdv_desantnik 6 · 0 0

well good question,we can hope that if our dogs escape it is the paedophiles and sex offenders they bite in the you know where

2007-01-28 05:25:20 · answer #5 · answered by wayno1 2 · 1 0

Probably not. It seems like the more power and responsibility people get, the less they have to answer for their actions - no matter what damage it does.

2007-01-28 05:23:43 · answer #6 · answered by Gar 3 · 1 0

i do not imagine you would possibly want to. it would want to be quite ineffective for the court docket gadget to ought to settle proceedings to everybody chanced on no longer accountable. for this reason, it would want to be truly not likely that present regulation might want to allow you to sue after proving your innocence.

2016-12-03 03:53:50 · answer #7 · answered by ? 4 · 0 0

Why not. It must infringe your civil liberties or rights in the European courts, and if you happen to be of some minority group, IE religious! sexual or racial how can you fail.
Power to the Pratt's

2007-01-28 06:55:33 · answer #8 · answered by Robert B W 1 · 0 0

I doubt it although changes to the law in this respect are coming up

2007-01-28 05:44:27 · answer #9 · answered by Professor 7 · 0 0

Probably not. You see, when someone does time than are released, their debt to society is considered paid, because they did their time.

2007-01-28 05:31:14 · answer #10 · answered by us5we2 3 · 0 0

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