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http://sportscarmarket.com/columns/legal-files/4777-the-fbi-crashes-an-f50the-sequel

A $750,000 Ferrari F50 was stolen, and while it was being held as evidence, an FBI agent and a federal prosecutor took it for a joyride and wrecked it. The owner sued the government, but the judge threw out the case, citing that the government is immune to lawsuits when property is in custody of law enforcement.

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And now the chances of getting back your stolen car in one piece have gone from 5% to 0%...

Now I see how they'll close the budget gaps--stripping people's vehicles and selling the parts.

wow
that seems a bit ridiculous. The throwing out of the case that is.

Disconnected said:

wow
that seems a bit ridiculous. The throwing out of the case that is.

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"F^$% you guys, we're the feds. Deal with it."

Remember what liberty felt like? I'm starting to forget, too.

Common sense would dictate that a car over a certain price-tag shouldn't under any circumstances be driven beyond the distance required to have it towed of 50 feet or less. You simply don't get in a $750,000 car, much less to take it out on a joy ride.

I understand why governments shouldn't be sued in most cases (for little nicks or scratches) but the sheer idiocy in driving such a car AND totaling it when you shouldn't be even in the car is beyond acceptable.

GasBandit said:

"F^$% you guys, we're the feds. Deal with it."

Remember what liberty felt like? I'm starting to forget, too.

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Stories like this make Sam the Eagle cry.

I have to think the two officials would be personally (and civilly) liable of misappropriation and vandalism, though. After all, it's not the Government's fault the car went on a joyride.

--Patrick

Yeesh.

PatrThom said:

I have to think the two officials would be personally (and civilly) liable of misappropriation and vandalism, though. After all, it's not the Government's fault the car went on a joyride.

--Patrick

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This. Basically while you can't sue the government (I can understand that) but these two bozo pretty much took it for a joyride and lost control.

No, you can sue the government. It's just for very specific things and it can take you decades to get it resolved. For instance, some Native American tribes have sued for lands wrongfully taken from them. They usually don't get as much as they asked for, but there have been some pretty sizable settlements. They are also allowed to run casinos on their lands because of a lawsuit I believe.

PatrThom said:

I have to think the two officials would be personally (and civilly) liable of misappropriation and vandalism, though. After all, it's not the Government's fault the car went on a joyride.

--Patrick

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There you go--that's what should happen.

I can't be the only one thinking:



Am I?

GasBandit said:

"F^$% you guys, we're the feds. Deal with it."

Remember what liberty felt like? I'm starting to forget, too.

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PatrThom said:

I have to think the two officials would be personally (and civilly) liable of misappropriation and vandalism, though. After all, it's not the Government's fault the car went on a joyride.

--Patrick

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Why not? If the officials were on duty that would make them responsible for the safety of the evidence. If they weren't on duty then someone else was responsible for allowing them to get in the vehicle and drive it. Either way the Ferrari was in the custody of government and it's safety was entrusted to them.

Covar said:

Why not? If the officials were on duty that would make them responsible for the safety of the evidence. If they weren't on duty then someone else was responsible for allowing them to get in the vehicle and drive it. Either way the Ferrari was in the custody of government and it's safety was entrusted to them.

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The government isn't a person any more than a corporation is. Better to hold the individuals responsible.

The chain of custody probably applies here. Who had access to the car and keys, and why? If these agents "checked" it out, they must have provided sufficient reason to do so, and whoever was supposed to approve the release of the car is equally liable.

If the agents themselves had the authority to check the car out themselves, then the system of checks and balances is probably not adequate. Not that I'm one to vote for additional burocracy in an agency defined by it, but there's obviously something lacking here.