On Thu, 13 Jul 1995, Damaged Justice wrote:
Title 42 of the United States Code is the section that describes the process by which one may sue a government official. However:
"...an officer may be held liable in damages to any person injured in consequence of a breach of any of the duties connected with his office...The liability for nonfeasance, misfeasance, and for malfeasance in office is in his 'individual', not his official capacity..." 70 AmJur2nd Sec. 50, VII Civil Liability.
So the trick is to sue the offender as an individual, and not as a government official.
I composed my "misfeasance in office" post before reading this thoughtful and well researched message from Damaged Justice. I had read all of the messages in my mailbox with "Re: Root Causes" as the subject, but missed this one, since the subject line had been changed. Damaged Justice has looked into this in much greater depth than I have, and raises some interesting possibilities. (Obviously, IANAL.) AR %#%=%#%=%#%=%#%=%#%=%#%=%#%=%#%=%#%=%#%=%#%=%#%=%#%=%#%=%#%=%#%=%#%=%#% "Government is not reason... it is force. Like fire, it is a dangerous servant and a fearful master." - George Washington +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Allen Robinson...................................sebaygo@intellinet.com PGP public key AD022AA9 fingerprint 5A3BC05B2EC67724 F5664A20AEEAB07A