Can you sue DOS/INS for depression caused to their errrors and delays
Sep 2nd 2005, 5:18 pm
#16
Forum Regular
Joined: Jan 2005
Location: West By God VA
Posts: 104
Re: Can you sue DOS/INS for depression caused to their errrors and delays
Originally Posted by Folinskyinla
Hi:
My initial reaction is probably not. But google "Bivens Unnamed Unkown"
My initial reaction is probably not. But google "Bivens Unnamed Unkown"
It's a Supreme Court decision I think
Bivens v. Six Unnamed Federal Narcotics Agents
Sep 2nd 2005, 8:09 pm
#17
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: Can you sue DOS/INS for depression caused to their errrors and delays
Originally Posted by sphyrapicus
Why? It only gives 5 hits, none that are related to law, immigration, or otherwise. I'd suggest adding an extra "n" to "Unkown". 
You are correct on the "unknown"
Sep 2nd 2005, 11:43 pm
#18
SUPER CRUNCHY BALCONY COW
Joined: Jul 2003
Posts: 9,476
Re: Can you sue DOS/INS for depression caused to their errrors and delays
Originally Posted by Seanus
Or maybe it would just piss them off, slowing the whole process down for everyone... *the mind boggles*
Sep 6th 2005, 7:57 am
#19
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Posts: n/a
Re: Can you sue DOS/INS for depression caused to their errrors and
Folinskyinla wrote:
>>Hi
>>Does anyone know if this has ever been done ?
>>If yes did immigration attorney bring case to court or a different
>>type of laywer?
>>of can this be part of same law suit Mamadaus (I think)
>
>
> Hi:
>
> My initial reaction is probably not. But google "Bivens Unnamed Unkown"
>
Mmm, hard to see how a Bivens action would be successful; there would be
all kinds of proof problems assuming the only evidence is delay itself.
FTCA is probably out too.
--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.
================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 URL: http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
================================================== =============
>>Hi
>>Does anyone know if this has ever been done ?
>>If yes did immigration attorney bring case to court or a different
>>type of laywer?
>>of can this be part of same law suit Mamadaus (I think)
>
>
> Hi:
>
> My initial reaction is probably not. But google "Bivens Unnamed Unkown"
>
Mmm, hard to see how a Bivens action would be successful; there would be
all kinds of proof problems assuming the only evidence is delay itself.
FTCA is probably out too.
--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.
================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 URL: http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
================================================== =============
Sep 6th 2005, 1:09 pm
#20
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: Can you sue DOS/INS for depression caused to their errrors and
Originally Posted by Jonathan McNeil Wong
[/q1]
>
Mmm, hard to see how a Bivens action would be successful; there would be
all kinds of proof problems assuming the only evidence is delay itself.
FTCA is probably out too.
--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.
================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 URL: http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
================================================== =============
>
Mmm, hard to see how a Bivens action would be successful; there would be
all kinds of proof problems assuming the only evidence is delay itself.
FTCA is probably out too.
--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.
================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 URL: http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
================================================== =============
I'm in agreement. I might even go a little further, I'm not even sure the tort of infliction of mental distress would lie even if you got past the jurisdictional hurdles. However, I am NOT a tort lawyer and its been 30 years since I graduated so its 33 years since my torts class. [Inside joke: Is contributory negligence still a complete defense?]
