Question about CCV mod.

[Tx_Atty]

I think I would just find out who the office clerk is and drop a law suit on them personally, something about them violating there rights, it would cost them time and money just like they cause you...

Covered by governmental immunity - you cant touch them unless they murder someone...

that's the kicker - they can screw up all they want and there is nothing anyone can do about it.

 

[draftlover]

Covered by governmental immunity - you cant touch them unless they murder someone...

that's the kicker - they can screw up all they want and there is nothing anyone can do about it.

That's a fact!! They can, have and will get away with murder, too!!!

 

[RickGmi]

Well the supreme court ruled that we can sue goverments, but if you ask them that question they will say no, but there is another way around it, sue the person who violates your rights then if you win go after there city,,even if they do win they still have to go though the aggravation of the courts there selfs and maybe the word would get around and they would stop highjacking our pay checks and avoid being lazy and do there jobs right...

 

[Tx_Atty]

We have always been able to sue governments but suits are limited tremendously. I can tell you for absolute certainty, if you are trying to sue a governmental employee for doing their job, absent certain exemptions not applicable here, they are absolutely immune and your case will be dismissed with prejudice. You cannot sue this type of employee for making a negligent mistake that doesnt cause injury or property damage. Yes it is annoying and inconvenient and potentially expensive but that does not make it actionable.

 

[powerboatr]

That's a fact!! They can, have and will get away with murder, too!!!

we could say look at Kennedy, but that would take us off topic

 

[Tx_Atty]

we could say look at Kennedy, but that would take us off topic

Since you mentioned it, ---->>> what did William Kennedy Smith tell his date to get her to have sex with him?

"if you dont sleep with me I'll have my uncle drive you home."

 

[powerboatr]

Since you mentioned it, ---->>> what did William Kennedy Smith tell his date to get her to have sex with him?

"if you dont sleep with me I'll have my uncle drive you home."

your pretty funny for an attorney

 

[NEokcTERROR]

We have always been able to sue governments but suits are limited tremendously. I can tell you for absolute certainty, if you are trying to sue a governmental employee for doing their job, absent certain exemptions not applicable here, they are absolutely immune and your case will be dismissed with prejudice. You cannot sue this type of employee for making a negligent mistake that doesnt cause injury or property damage. Yes it is annoying and inconvenient and potentially expensive but that does not make it actionable.

The bad thing about it is if you sue the government agency who puts you through hell, the person who screwed you in whatever way will probably never received anything negative from it. They can't lose their job because of it the way I understand it. They need to be held accountable in criminal court for violating the rights of the person(s) who they cost time and money to clear their name. I asked the man who vacated my suspension if the DPS had ever been sued for this action and he said I wouldn't have a leg to stand on because the suspension was legal according to the law. I explained to him that suspendeding your license without your knowledge is a sort of conviction which in fact is a violation of your civil rights because they dispose your right to due process by doing so. He was completely stumped, and couldn't provide ANY proof a letter of notification had ever been sent to me or received by me for me to have the oppurtunity to pre-empt the suspension.

 

[Tx_Atty]

I agree there should be some recourse for it. I dont want to use this forum to debate the laws so this will be my last post on this. You can NOT sue them for screwing up. You have no cause of action and even if you did you will not make it fit into the very narrow exceptions provided by the Tort Claims Act. That is the act that allows lawsuits against the government (states adopt their own versions, if at all) for exceptionally narrow circumstances - usually personal injury or property damage. Even those exceptions are limited by how it was caused and myriad other things. Just think of it this way, if you could sue the government simply because some pinhead screwed up and inconvenienced someone the legal system would become flooded with petty grievances about perceived slights and the system would come to a screeching halt.

You may disagree but your civil rights were not violated and even if they were it is a civil action, not criminal. Your due process rights were not violated. You have no cause of action and you have no standing to sue an entity that is provided virtually absolute immunity from suit.

If you can cite to case or statutory law that supports your argument I will gladly be proven wrong. I did a short search on such cases today through the system provided to the Federal Court in which I work as a briefing attorney and found nothing to support a suit for this.

It is unfortunate I agree. But that is the system we have built and there is no system better despite any shortcomings ours may have. (America the Beautiful playing softly in the background).