Quote:
Originally Posted by Justaguy
What we disagree on is the concept that a government employee is somehow liable for the actions of an individual who has been granted a permit or license. Apply the same logic to any other sort of license, say, a contractors license. You can't sue the State of California for a licensed contractor screwing up. You can sue the contractor but not the State.
Can you give an example where this has happened? I don't believe you can.
If I were at my office, I would be able to cite the specific law or case that proves the point.....
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My premise isn't the granting of license creates liability because I don't believe that it does or that it should. It's the action of forbidding the use of a safety device that is in common use and has been shown to reduce the number of potential accidents. For example if she ordered that red lights and sirens never be used during pursuits and could not site anything other than her own policy or prejudices or department tradition as a reason. Sovereign immunity would exempt the legislature from action if they outlawed red lights and sirens but the sheriff creating a policy against using safety devices I'm not so sure. Anyway I will defer to your expertise and if you say there is no way then I'll take you at your word.