On 2022-06-08 5:44 PM, Adam H. Kerman wrote:
> A group of almost 90 female gymnasts, sexually assaulted by Larry Nassar
> (sometimes while their own parents were in the room) during so-called
> medical examinations, filed a tort claim against the FBI for failure to
> investigate the complaint.
>
> I had no idea FBI or any other police agency owes a duty of competence
> and can be held accountable for failure to thwart future crimes based on
> past crimes in a tort claim. Is that going to work in California law for
> failure to prosecute versus George Gascon?
>
> I assume this won't go anywhere but maybe it will be amusing for the
> hypocrisy in which the Department of Justice defends incompetence and
> deriliction of duty here.
>
> https://apnews.com/article/simone-biles-sports-larry-nassar-5aee7d6f66009dcae571249481a3558f

Haven't there already been precedents established to the effect that the
police are NOT obligated to respond to calls for service? I'm sure I saw
claims to that effect although I certainly can't cite specific cases.
However, if I'm right about that, I would imagine the courts would use
the previous precedents to extend them to the FBI and Gascon, who will
hopefully soon be the FORMER DA of LA County....

On 6/8/2022 7:26 PM, shawn wrote:
> On Wed, 8 Jun 2022 19:02:52 -0400, Rhino
> <no_offline_contact@example.com> wrote:
>
>> On 2022-06-08 5:44 PM, Adam H. Kerman wrote:
>>> A group of almost 90 female gymnasts, sexually assaulted by Larry Nassar
>>> (sometimes while their own parents were in the room) during so-called
>>> medical examinations, filed a tort claim against the FBI for failure to
>>> investigate the complaint.
>>>
>>> I had no idea FBI or any other police agency owes a duty of competence
>>> and can be held accountable for failure to thwart future crimes based on
>>> past crimes in a tort claim. Is that going to work in California law for
>>> failure to prosecute versus George Gascon?
>>>
>>> I assume this won't go anywhere but maybe it will be amusing for the
>>> hypocrisy in which the Department of Justice defends incompetence and
>>> deriliction of duty here.
>>>
>>> https://apnews.com/article/simone-biles-sports-larry-nassar-5aee7d6f66009dcae571249481a3558f
>>
>> Haven't there already been precedents established to the effect that the
>> police are NOT obligated to respond to calls for service? I'm sure I saw
>> claims to that effect although I certainly can't cite specific cases.
>> However, if I'm right about that, I would imagine the courts would use
>> the previous precedents to extend them to the FBI and Gascon, who will
>> hopefully soon be the FORMER DA of LA County....
>
> I was trying to remember the details of something I had heard about
> this case and a FBI agent having lied at some point so I went to read
> the article. Looks like there were lies told during the investigation
> but a decision was made to not charge anyone involved. Also it looks
> like there have been settlements in previous cases of the FBI failing
> to act on information given with the case of Florida's Marjory
> Stoneman Douglas High School sited in the article.
>
> So it appears that they might succeed in going forward with their
> lawsuit. Though whether it can succeed is another matter as the FBI
> did do an investigation and decided not to proceed with charges. While
> it's a sad situation I'm not sure if doing a poor job of investigating
> is worthy of winning their lawsuit.
>

The Supreme Court ruled that individuals can't sue Customs and Border
agents, and the ruling may extend to other federal agents.
https://slate.com/news-and-politics/2022/06/sotomayor-border-patrol-civil-rights-lawsuits.html