Criminal Neglect

[journalist3072]

OK.. a simple question here. If the driver of that bus in Texas (during Hurricane Rita)can be charged with criminal neglect, then what's the argument for not filing a criminal neglect lawsuit against the federal government for their pitiful response to Katrina?

[Geoff R. Casavant]

1. So many reasons

First, only the gov't can initiate criminal proceedings, not ordinary folks like you and me.

Second, the "government" is not really an entity that can be charged with criminal conduct, only individual government agents can.

Finally, the government enjoys a certain level of sovereign immunity from civil suit, unless it expressly waives it.

[journalist3072]

2. So what kind of recourse do the survivors of Katrina have?

It seems like they should have some type of recourse against the very government that failed them.

[Geoff R. Casavant]

3. Precious little

For example, the gov't budget decisions to cut funding for levee maintenance would be protected by sovereign immunity.

Most ominously, I would wager that one condition for receiving one of those $2000 ATM cards would be a waiver of the right to sue. Your guess is as good as mine whether such a waiver, if there is one, would be upheld since those who received cards were not really in a place to bargain.

[journalist3072]

4. This just really makes me sad.....

The citizens of this country ought to have some kind of legal recourse when their government has failed them on such a large scale, and with such devastating consequences.

[bettyellen]

5. there was some kinda waiver against "future claims"

or something, and i believed some peopel read that is, after this we are kicking you out on your asses. also, who knew where the fuck they should mail them to? who had a fucking forwarding address anymore?