Sovereign immunity....Government doesn't wanna pay

Mike2002

Senior member
Jan 11, 2004
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So I was watching the news and a state police officer crashes into some guys yard and hits his truck, house, shed, tractor causing about $50,000 in damages he says. The guy says he tries to file a claim with the police and they start to drag their feet and he finally calls them back and they tell him they are going to claim sovereign immunity. Pretty much being able to get out of the damages it sounds like. Maybe the guy hasn't given it enough time to go through all the steps but whats up with that if its true.
 

huberm

Golden Member
Dec 17, 2004
1,105
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why doesn't he file the claim with his insurance and their lawyers will take care of it?
 

waggy

No Lifer
Dec 14, 2000
68,143
10
81
Originally posted by: Mike2002
So I was watching the news and a state police officer crashes into some guys yard and hits his truck, house, shed, tractor causing about $50,000 in damages he says. The guy says he tries to file a claim with the police and they start to drag their feet and he finally calls them back and they tell him they are going to claim sovereign immunity. Pretty much being able to get out of the damages it sounds like. Maybe the guy hasn't given it enough time to go through all the steps but whats up with that if its true.

yeap i have heard stories like that.

there was a story in the paper last year or so where a cop hit another car while chaseing someone. the guy tried to get the state to pay for damages. they refused he took them to court and lost.
 

MrWizzard

Platinum Member
Mar 24, 2002
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Originally posted by: waggy
Originally posted by: Mike2002
So I was watching the news and a state police officer crashes into some guys yard and hits his truck, house, shed, tractor causing about $50,000 in damages he says. The guy says he tries to file a claim with the police and they start to drag their feet and he finally calls them back and they tell him they are going to claim sovereign immunity. Pretty much being able to get out of the damages it sounds like. Maybe the guy hasn't given it enough time to go through all the steps but whats up with that if its true.

yeap i have heard stories like that.

there was a story in the paper last year or so where a cop hit another car while chaseing someone. the guy tried to get the state to pay for damages. they refused he took them to court and lost.


Unfortunately there is more going on to both of these stories, there is a difference between paying for damages and coming out in the same condition as you were and trying to claim more than you are entitled too. There is more to these stories, there always is people tend to twist things to their advantage when money is involved.

Wish we had ALL the facts.
 

BoomerD

No Lifer
Feb 26, 2006
66,587
14,990
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It's pretty normal for government agencies to refuse any claim for damages, even when it's blatantly obvious. The next step is always filing a lawsuit for the damage.
 

maziwanka

Lifer
Jul 4, 2000
10,415
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it really depends if what the cop was doing was part of his job; if not, he has no sovereign immunity. even if he was acting in the line of duty, he could still have his sovereign immunity revoked if his actions were intentional. i don't knwo what happens if the action is in knowing or reckless disregard for their consequences.
 

BoomerD

No Lifer
Feb 26, 2006
66,587
14,990
146
If a cop kicks your door down in service of a warrant, THAT is covered by soverign immunity.
If he crashes his car into your house while chasing a criminal, that is NOT covered by soverign immunity. The cop himself may not be liable for the damages, but the city, county, state he works for IS.