40 votes
Accepted

Can I get reimbursed if police shot the window of my car during a standoff?

There is no legal obligation of the police or any of its officers to reimburse you. It comes within a police powers exception to the 5th Amendment obligation to provide compensation for takings. ...
ohwilleke's user avatar
  • 206k
19 votes

Can I get reimbursed if police shot the window of my car during a standoff?

I highly recommend having a quick chat with your auto insurance agent. The insurance company has seen almost every situation you can imagine - and many you couldn't - and tend to be experts in ...
bta's user avatar
  • 1,314
15 votes
Accepted

Can I claim recompense if a government action destroys my house?

In the United States, the government has, multiple times, destroyed homes while trying to catch a fugitive. And the homeowner sometimes makes a claim in federal court that this is an unconstitutional ...
D M's user avatar
  • 7,130
8 votes

Compensation for custody awaiting trial resulting in acquittal?

In all but a few U.S. states the answer is that you are not entitled to any compensation. This is grossly unfair, but is the dominant rule by far in most jurisdictions in the U.S. As a matter of ...
ohwilleke's user avatar
  • 206k
6 votes

Can I sue the government because a minor on probation committed homicide?

State governments (and state courts, employees, etc., as part of that government) are generally immune from lawsuits for all liability. See Governmental Tort Liability : 2017 Tennessee Code : Justia. ...
BlueDogRanch's user avatar
  • 18.8k
6 votes
Accepted

Is there any legal recourse for a resident who believes their city is committing financial nonfeasance?

Is there any legal precedent for suing a city to amend or terminate an agreement due to fiscal nonfeasance? There is not really any legal precedent for prevailing in such a lawsuit. Obviously, of ...
ohwilleke's user avatar
  • 206k
6 votes

Can an American sue their own state directly in the federal Supreme Court?

The Eleventh Amendment has generally been construed to bar suits against a state by citizens of that state in federal court. There are all sorts of caveats, though, and it's possible that the doctrine ...
Pat W.'s user avatar
  • 6,106
6 votes

Can I claim recompense if a government action destroys my house?

You can sue the US federal government under the Federal Tort Claims Act. The core provision of that act is §2674 which holds that "The United States shall be liable, respecting the provisions of ...
user6726's user avatar
  • 215k
6 votes

Can I sue my local law enforcement agency for gross negligence in reference to their handling of domestic violence against me?

You can sue your ex in court for his various wrongs. You can't sue the police for failing to act. See Castle Rock v. Gonzales, 545 U.S. 748 (2005) (no law enforcement liability for inaction in the ...
ohwilleke's user avatar
  • 206k
5 votes

Can I claim recompense if a government action destroys my house?

If the government agrees, yes Governments have sovereign immunity if they are your government or state immunity if they are a foreign government. In essence, these doctrines are that a state is not ...
Dale M's user avatar
  • 204k
5 votes

Implementation or enforcement: which is required by law by the governments concerned?

if these questions and answers are found to be legally binding ... They aren’t. Therefore the premise of your question is flawed. It’s like asking “If my dog was a cat ...”. Well, since your dog isn’...
Dale M's user avatar
  • 204k
4 votes

Can a township be at fault for damaging property?

Does the town have any responsibility towards the direct and indirect damage done to these properties? What can be done to hold the town responsible for potentially lost property value, and direct ...
ohwilleke's user avatar
  • 206k
4 votes

Prosecution in a case of diplomatic immunity

There's been recent publicity about an American diplomat in Britain responsible for a car accident that killed someone. She claimed diplomatic immunity and left the country. Could the victim'...
ohwilleke's user avatar
  • 206k
4 votes

Implementation or enforcement: which is required by law by the governments concerned?

what is the relationship between stack exchange network and the governments concerned and how these two different realities are connected? Governments have and enforce their laws. StackExchange ...
Greendrake's user avatar
  • 26.8k
4 votes

Is not disclosing your address a reason alone to be remanded into prison?

No. Refusing to tell the address alone is not a reason to detain somebody. But there are situations where the authorities can demand that a person identifies himself or herself, including such details ...
o.m.'s user avatar
  • 16.4k
4 votes

Can I claim recompense if a government action destroys my house?

In germany, yes. In Germany, if some government agency, and specifically the police, damage your property, you are in principle entitled to be recompensed. The exception is if you are a "...
sleske's user avatar
  • 7,977
4 votes

Revolutionary war pensions

Everyone who might have been entitled to revolutionary war pensions is dead, and the statute of limitations to bring suit to collect unpaid revolutionary war pensions expired as to their survivors and ...
ohwilleke's user avatar
  • 206k
3 votes

Why does U.S. government have civil liability for the Parkland shooting?

The settlement was a politically motivated act to provide de facto disaster relief and express a moral apology in a cash that there is no plausible way that the U.S. would lose if it litigated the ...
ohwilleke's user avatar
  • 206k
3 votes

Wrongful death suits against government officials

No. A governor could not be held liable in a lawsuit on those grounds. Governors in every U.S. state have governmental immunity from liability in tort (and a lawsuit for wrongful death is a kind of ...
ohwilleke's user avatar
  • 206k
3 votes
Accepted

Sue the government for damages caused by retaliation over non compliance?

No. You are a "person of interest" in a criminal investigation based upon a bona fide reasonable suspicion, even though they lack probable cause, and the government has not threatened to say anything ...
ohwilleke's user avatar
  • 206k
3 votes

How is compensation for defendants against whom charges are dismissed called and calculated?

Twenty U.S. states provide such compensation to some or all defendants who are not convicted after being charged with crimes in the criminal justice system, without a showing that their civil rights ...
ohwilleke's user avatar
  • 206k
3 votes

Can a government commit a crime?

Can a state government be convicted for a federal crime, or can the federal government be convicted for a state crime? No. Government officials can be guilty of crimes. Private corporations can be ...
ohwilleke's user avatar
  • 206k
2 votes

When a company sues the "U.S.", who are they really suing?

According to this Wall Street Journal report, Huawei is suing the "U.S.". What does this really mean? Are they suing the entire U.S. government, a branch of the U.S. government, the ...
ohwilleke's user avatar
  • 206k
2 votes
Accepted

Are there measures taken when the executive branch doesn't follow orders from the judicial branch?

There are two things that bind any given branch of a constitutional government to the dictates of another branch: The dictates of the constitution itself. The will of the people. The first one, ...
zibadawa timmy's user avatar
2 votes
Accepted

Is an unsolicited email about job openings from a government office considered commercial under the CAN-SPAM Act?

Probably not. Under 15 USC 7702: The term "commercial electronic mail message" means any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a ...
bdb484's user avatar
  • 58.2k
2 votes

Covid tracking app, forcing citizen to install it on insecure devices

If and when some sort of contract tracing app becomes a key public health tool and is made mandatory in an EU member state, it would almost certainly be through some ad hoc law, possibly using ...
Relaxed's user avatar
  • 764
2 votes

Is there any entity legally responsible for the Highway 1 collapse in California?

On the face of it, this appears to be due to landslide triggered by a violent storm; in legal terms, an "Act of God" for which no one is responsible. There are individuals/corperations/...
sharur's user avatar
  • 8,775
2 votes

Consequences of unlawful deletion of records

Up to 1 year in prison or a fine The relevant law is 18 U.S. Code § 641 - Public money, property or records and the value of the lost items is less than $1,000.
Dale M's user avatar
  • 204k
2 votes

Can I sue a ADA for filing a false criminal complaint in WI

Can I sue the ADA for that conduct? No. A prosecutor has absolute immunity from civil liability for their litigation misconduct like filing a criminal complaint (a prosecutor has only qualified ...
ohwilleke's user avatar
  • 206k
1 vote

Can you sue a state government administrative agency for breaking the law it's supposed to implement?

Realistically, there is no claim for money damages under state law. One could appeal the results of an individual administrative determination to the appropriate higher court. One could also sue for ...
ohwilleke's user avatar
  • 206k

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