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voxic11yesterday at 2:17 PM4 repliesview on HN

The government has sovereign immunity which is why you usually have to sue the people involved rather than the government directly.


Replies

tzsyesterday at 3:57 PM

The federal government and a most state governments in the US have laws that waive or partially waive sovereign immunity for tort claims against the government.

This raid was in Ohio. Here's their immunity waiver: https://codes.ohio.gov/ohio-revised-code/section-2743.02

Here's a page that links to a PDF with a table given cites and details for all 50 states: https://www.mwl-law.com/resources/sovereign-immunity-tort-li...

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dec0dedab0deyesterday at 3:43 PM

I didn't know about sovereign immunity, but I just looked it up and there are exceptions to it. I think this one in particular could fall under a civil rights violation.

People routinely get money from excessive force used by police officers, and I believe that does extend to property too.

Qualified immunity means it is almost impossible to sue the officers directly, which is why so many people have a problem with it. Not only do taxpayers have to pay for the actions of a bad police officer, the officer themself isn't held responsible for their actions.

On the other hand, you don't want officers afraid to engage with a dangerous situation because they might bankrupt their family if they do the wrong thing in the heat of the moment. It is a sticky situation, and before smartphones and body cameras there was no real way to know if an officer crossed the line. As technology improves, I expect there to be more personal accountability, while also allowing the officers enough leeway to do their jobs without hesitation.

petcatyesterday at 3:39 PM

Police departments are sued constantly. Most major police departments even have dedicated divisions set up just to assess and respond to lawsuits. Oftentimes by just knocking on the door and handing over a check.

ngetchellyesterday at 2:47 PM

The government is sued all the time.