Taxpayers would pay in Janklow lawsuit.

[Bunny]

Yes, now the ENTIRE country can pay for the colossal sins of this douchebag:

>snip<
SIOUX FALLS, S.D. - A judge ruled Tuesday that former Rep. Bill Janklow was on duty when he caused a deadly traffic accident, meaning taxpayers would have to pay for any civil damages in a wrongful-death lawsuit.

U.S. Magistrate Arthur Boylan sided with a federal prosecutor's conclusion that Janklow, 64, was on official business Aug. 16, 2003, when he sped through a stop sign on a rural road and collided with motorcyclist Randy Scott.

Boylan, ruling in St. Paul, Minn., concluded the federal government should be listed as the defendant in the lawsuit filed by Scott's family members, who are from Minnesota.

Lawyer Ronald Meshbesher wanted the case moved to state court in Minnesota so the family could get punitive damages, which is not allowed in federal court. He said he will appeal.
>snip<

Christ, he's an ass! :mad:
Sorry if this is a dupe.


http://story.news.yahoo.com/news?tmpl=story&cid=519&ncid=519&e=5&u=/ap/20040714/ap_on_re_us/janklow_lawsuit

[physioex]

1. WTF...

Take it out his estate and property, he is a repuke and has probably stolen millions. Not my money.....

[Bunny]

2. Yes, isn't that crazy?

He will walk away scot-free, except for that grueling 100 days in jail! What an ass!

[FredScuttle]

3. On duty? WTF?

Was he interviewing constituents at the local watering hole on what side of the "Less Filling/Tastes Great" debate they favor?

To quote Dennis Hopper, this is one turd that won't flush.

[happyslug]

4. That's Tort Reform for you.

First let me say that under the concept of "Master-Servant" liability the "Master" is liable only if the Actions of the "Servant" was part of the "Servant's" employment.(i.e. the Employer "Master" is liable for the Actions of his employee "Servant" if the actions of the "Servant" was done as part of the "Servant" employment by the "Master").

Janklow is claiming that as a congressman (i.e. a "Servant" of the US Government) he was on official duty and that the Federal Government (Janklow's "Master") should have to pay for any harm Janklow caused by his actions.

This is the concept of "Master-Servant" Liability. "Master-Servant" Liability exists anytime an employee does a harm while doing something for his employer (For example driving a truck). Now all that means is the Federal Government will have to pay for the actions of its servant, Janklow.

Please note that while the Feds may have to pay the Plaintiff, THE FEDERAL GOVERNMENT CAN BRING AN ACTION AGAINST JANKLOW FOR WHAT EVER THE FEDS PAY. The "Master" is only liable for his "Servant's" actions, but the "Servant" is the "Real" person liable and his "Master" can demand that the "Servant" repay the "Master" whatever the "Master" pays out.

I do not see the Federal Government NOT asking Janklow to pay them back for any payment the Court orders the Federal Government to pay. Thus Janklow will have to pay the full amount won against him.

The REAL reason Janklow wants this is FEDERAL COURT is NOT that the Federal Taxpayer will have to pay, but that do to FEDERAL TORT REFORM Punitive Damages can NOT be awarded in FEDERAL COURT in this type of action. That is true even if the Court finds that the Federal Government should pay NONE of the liability (i.e. Janklow was NOT on the duty of his "Master" but on his own, which would make him solely liable).

By getting this actions in FEDERAL COURT, Janklow restricts any liability to the ACTUAL PHYSICAL HARM HE DID. Janklow killed a person but such a person's life is only worth what he would have earned during his lifetime less the costs of living. This may be only $1.00. I do not know. A Jury once presented with the income earning capacity of the Victim, may set the loss at $1.00 or even $1.000,000 dollars. It is up to a Jury as to the amount of Actual loss incurred.

What the Plaintiff want is PUNITIVE DAMAGES FOR THE EXCESSIVE SPEED JANKLOW WAS DRIVING. The Plaintiff can NOT get Punitive Damages in FEDERAL COURT do to "Tort" Reform written by Congress, but the State of South Dakota has NOT restricted its jury from awarding Punitive Damages. Thus if this case is in front of the STATE Jury, that Jury may find that the actual damages is only $1.00 BUT THAT THE HARM CAUSED BY THE ACTIONS OF JANKLOW WAS SO BAD, THAT HE SHOULD BE PUNISHED BY HAVING TO PAY PUNITIVE DAMAGES of the amount set by the Jury.

Thus Janklow wants this case is Federal Court for all the maximum Janklow has to pay is what ever the Jury decided is the earning capacity of the man he killed. That number will be a much smaller number than any Combination of Compensatory (i.e. "Actual") Damages and Punitive damages award given by a State Jury.

Simply put, this is NOT about the Federal Taxpayer payer paying for Janklow's accident, but Janklow trying to use the Federal Congress "Tort" Reform laws to minimize how much he is going to pay.

[Bunny]

5. Well, that explains it from Janklow's perspective.

And makes him an even bigger piece of shit than I previously thought. Thanks for the details, happyslug!

[Judi Lynn]

6. Thanks for taking the time to spell this out.

Had no idea what was going on.

What a wretched shame he can get away with this.









At least Janklow wasn't harmed........

[jean]

9. What is the best scenario for the family to sue Janklow to the max?

'Lawyer Ronald Meshbesher wanted the case moved to state court in Minnesota so the family could get punitive damages, which is not allowed in federal court. He said he will appeal.'

Can he be tried in Fed court and state court in MN?

Thanks for your detailed analysis of this ruling.

:thumbsup:

[happyslug]

15. I do not practice in MN or SD

But as a general rule you only get one bit of the apple i.e. you only get to sue ONCE. Thus the reason the Attorney is appealing, he knows his client will get only one chance to sue Janklow and he wants it in a state Court that permits Punitive Damages (And hopefully in a State that gives large Punitive Damages).

[jean]

17. Thanks, once again!

[AP]

13. Punitive damages are appropriate here too because Janklow was so

reckless. He has been caught speeding a lot and never changed his behaviour, probably because he knew he could get away with it.

It'll be a terrible shame if he escapes punitive damages because that's really the only thing that will make him and people like him take notice and start acting like human beings.

[AP]

14. BTW, limitting punitive damage awards is basically a license to ruin lives

of poor people and old people.

[DS1]

7. Then I recommend an immediate class-action lawsuit on behalf of all

South Dakotans suing Janklow for gross dereliction of duty, and misappropriating a government position and travelling in a government vehicle in excess of the posted limits.

[Judi Lynn]

10. It would be far better if someone other than Janklow

got the last word on this crime.

[rooboy]

8. Then the SOB should serve FIVE YEARS... n/t

[AP]

11. SD'ans should pressure state to appeal decision -- most states believe

that employer's liability for acts of employees don't include breaking the law (it's actually more complicated -- sometimes has to do with whether the employer gave the employee the means to act illegally, or encouraged them to act illegally, or failed to take adequate precautions to prevent illegal activity).

The citizens of SD certainly didn't hire Janklow to drive around speeding and running stop signs.

[happyslug]

16. I like Master-Servant Liability law

For it permits me, if I am hurt by a driver, to sue his employer for NOT giving him the right equipment (or time) to AVOID hitting me. See by post on Janklow's liability, but in short while the Employer has to pay the Victim, the employer can demand reimbursement from his employee. Thus the Employer is protected PROVIDED HE IS PAYING HIS EMPLOYEE ENOUGH .

[bleowheels]

12. Believe it or not, there are people here is South Dakota who

still defend this guy! The fact that he was convicted at all in the criminal trial is a small victory in and of itself.

[Justitia]

18. The only good that may come, SDans may not be so quick to elect

Republicans, who seem to have the Congressional lock on DUI convictions.

Our Repub Hope du Jour, Mike Ditka, has apparently met this qualification, but must have flunked for some other lesser offense.

What is up with all the drunkard Republicans who think they own the road?

An antidote: Support Stephanie Herseth! http://www.hersethforcongress.org/

[LiviaOlivia]

19. "Late night vittles for Mr. Wu's pigs?"

No, sounds like Deadwood justice as dispensed by Magistrate Clagett.

[Judi Lynn]

20. He was stopped 16 times and not charged...........

For anyone who missed the article the first time around, a couple of weeks ago:

Wednesday, June 30, 2004 · Last updated 10:04 a.m. PT

Report: Janklow avoided tickets 16 times

THE ASSOCIATED PRESS

SIOUX FALLS, S.D. -- Former Rep. Bill Janklow, who resigned from Congress after being convicted in a highway death, was stopped 16 times by state troopers during his last term as governor but was never ticketed, according to a South Dakota Highway Patrol report.

Troopers felt they should not ticket Janklow out of respect for his authority and, in some cases, fear of retribution, said the report, written by the patrol superintendent, Col. Dan Mosteller, for Gov. Mike Rounds.

Mosteller said he never issued orders to go easy on Janklow. The two previous heads of the Highway Patrol, state Sen. Gene Abdallah and state Public Safety Director Tom Dravland, said they also did not order troopers not to stop Janklow.
(snip)

Janklow told The Associated Press on Wednesday that he never asked for special treatment.
(snip/...)

http://seattlepi.nwsource.com/national/apwashington_story.asp?category=1153&slug=Janklow%20Report

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Leonard Peltier's Statement on Bill Janklow Conviction

This is the same man who said - "the way to stop AIM is to put a bullet through their head".

This decision is from a state that historically practiced a program of polarization and racism toward Native People. A place where the native people still own the Black Hills yet, are forcibly denied access to their own land; a place where previously the cries of a young native girl went unheard by South Dakota officials, when she cried rape by Janklow; where her death by a supposedly unknown hit and run driver was quickly forgotten; a state where Janklow, as Attorney General called in a riot squad to beat and eject all court room observers who would not "stand" for the judge.

I could go on and on but alas, it took the death of one white man to make a difference, or for someone to care.

I heard Janklow cried on the stand.
(snip)

http://mytwobeadsworth.com/LPJanklow.html