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Re: The insolence of Office; Hoisting them on their own Petards



Merlin wrote:

> [EMAIL PROTECTED] (Larry) wrote:
> >In article <[EMAIL PROTECTED]>, [EMAIL PROTECTED]
> >(Merlin) wrote:
> >>[EMAIL PROTECTED] wrote:
> >>
> >>>Anyone know of any legal treatises or books on how to successfully sue, defeat
> >>>or otherwise cause problems for evil state agencies. Most of us have dealt
> >>>with some pinhead bureaurat in the wrong at one time or another. Most people
> >>>just cave. I want to teach myself to fight them. I imagine this falls under
> >>>the category of exceptions to immunity, defeating corrupt summary judgements
> >>>and so on. Any tips appreciated. I am referring to instances in which a
> bureaucrat
> >>>decides to lie thereby sending you up a false road, discriminate by denying
> >>>you actions that are available to others, etc.
> >>
> >>        What! You want to sue our government?
> >>        No doubt they discuss such things in a law book somewhere.
> >>        But it just seems so... well, unpatriotic or something.
> >>        Are you sure you should be allowed to do that?
> >>
> >>        -Merlin
> >
> >For starters, read the eleventh amdendment. (Which I assumed you knew, Merlin :))
> >
> ><http://caselaw.lp.findlaw.com/data/constitution/amendment11/>
>
>         Thanks,  Rightly cited.  The OP is in for some big fun now!

  While you two are busy congratulating yourselves on your combined
"how in the hell did you pass the Bar, anyway?" knowledge of the law
in this area, you seem to forget that it is not the state, but state officials,
who are the actual tortfeasors in this arena.  If you want state officials
to do their job, you sue the state; if you prefer to punish them for their
misconduct in the business end, you sue them personally.

  If you can't even try to educate the inquirer, you'd be better off going
back to your fantasy baseball camps.  The Mets are out, but the Cubs
and Red Sox are in -- as sure a sign of the Apocalypse as anyone can
contemplate.... :)





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