Have Politicians become too much of a privileged class?

[Gravitymaster 0]

This really pissed me off. Who the hell do these politicians think they are?


Magistrate Rules Janklow Was On Duty During Accident

Jul 14, 2004 6:11 am US/Central
Sioux Falls, S.D. (AP) Former U.S. Rep. Bill Janklow was on duty when he caused a fatal accident last summer, so taxpayers should pay any civil damages in a wrongful death lawsuit, according to a court ruling Tuesday.

U.S. Magistrate Arthur Boylan sided with U.S. Attorney Tom Heffelfinger's conclusion that Janklow, 64, was on official business Aug. 16 when he sped through a stop sign near Trent and collided with motorcyclist Randy Scott, 55, of Hardwick, Minn.

Boylan concluded that the federal government, not Janklow, should be listed as the defendant in the lawsuit filed by Scott's mother, sister, son and daughter.

The family's lawyer, Ronald Meshbesher of Minneapolis, wanted the case moved back to state court in Minnesota so the family could get punitive damages, something not allowed if the case stays in federal court.

Meshbesher said he'll file an objection with U.S. District Judge Ann Montgomery in hopes of getting the ruling reversed.

If that doesn't work, he'll appeal to the 8th U.S. Circuit Court of Appeals, Meshbesher said.

Janklow had appointments or appearances over two days in Rapid City, Pierre and Aberdeen and was on his way to his Brandon home when he went through a stop sign at an intersection of two county highways.

In his ruling, Boylan concluded that Janklow and his chief of staff, Chris Braendlin, drove by but did not stop at Janklow's mother's house minutes before the accident.

"Even assuming he had stopped to visit his mother in Flandreau ... the diversion would have been inconsequential in this instance," Boylan wrote.

The magistrate also concluded that Janklow's driving habits did not remove him from coverage by the Federal Tort Claims Act that legally protects federal employees.

"It is foreseeable that improper driving conduct, including conduct that can be construed as reckless, would occur," Boylan wrote.

Meshbesher disagreed with the conclusion.

"The gist of the ruling is that he was acting within the scope of employment. And the fact that he was convicted of a criminal act did not take him out of the scope of employment because it was foreseeable that his employer, whoever that might be, would have expected a traffic accident," he said.

Heffelfinger said the decision follows his interpretation of the law.

"I appreciate the unique nature of this case and all the work the magistrate put into it," he said. "This matter is really a fairly pure interpretation of a rather well-defined set of facts being applied to a rather well-defined body of law."

Janklow, who was elected to Congress in 2002 after serving a total of 16 years as governor, spent 100 days in jail after being convicted of speeding, running a stop sign, reckless driving and second-degree manslaughter. He resigned from the House in January.

His lawyer, William Fuller, and Scott's mother, Marcella Scott, did not want to comment Tuesday. Janklow could not be reached for comment.

[kallend 2,148]

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This really pissed me off. Who the hell do these politicians think they are?

Our ruling class?

...

The only sure way to survive a canopy collision is not to have one.

[Gravitymaster 0]

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This really pissed me off. Who the hell do these politicians think they are?

Our ruling class?

Sucks doesn't it?

[peacefuljeffrey 0]

What a piece of shit he is. Irresponsible, habitual-offender driver, took another human life through his arrogant carelessness, doesn't own up to his culpability for it, and now thinks that the American people should have to pay for his fuckup.

I really wish someone would run THIS motherfucker down in the street. No, not wish: fervently HOPE.

Who the fuck does he think he is, is right.

And the fact that some piece of shit magistrate gave this ruling in his favor... I hope a piece of blue ice falls from a passing plane and crashes through his roof as he's taking a shit and splits his skull wide open on the tiles.

This kind of thing is sickening. It is NOT how America is supposed to be operating.

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-Jeffrey
"With tha thoughts of a militant mind... Hard line, hard line after hard line!"

[PhillyKev 0]

He's a scumbag but it does kind of make sense. If I'm traveling from point A to point B in the course of my job duties and get in an accident. My employer would be responsible for the cost because I am acting as their agent. His employer was the taxpayers. There's a good reason why Lady Justice is blindfolded, although at times it seems contrary to common sense it helps to ensure consistency.

[SkyDekker 1,465]

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He's a scumbag but it does kind of make sense. If I'm traveling from point A to point B in the course of my job duties and get in an accident. My employer would be responsible for the cost because I am acting as their agent. His employer was the taxpayers. There's a good reason why Lady Justice is blindfolded, although at times it seems contrary to common sense it helps to ensure consistency.

I would also be banned from driving during company time and probably fired.