What a Buttwad

[RT_guy]

Link (http://www.startribune.com/stories/462/5111368.html) (Registry required)

SIOUX FALLS, S.D. -- Former U.S. Rep. Bill Janklow will not have to pay any money out of his own pocket for an accident that killed a Hardwick, Minn., man.

The lawyer representing Randy Scott's family said today that he will let stand a federal judge's ruling that Janklow was on duty Aug. 16, 2003, when he sped through a stop sign near Trent.

That means federal taxpayers, not Janklow, would pay any monetary awards from a wrongful death lawsuit because Janklow is covered by the Federal Tort Claims Act, which protects federal employees from negligence claims when they're on duty.

The federal judge now will dismiss the civil lawsuit against Janklow and the Scott family will file a new claim against the U.S. government.

Scott's mother, sister, son and daughter initially sued Janklow in Minnesota state court. But the U.S. attorney in Minnesota concluded Janklow was on official business and should be covered by the government, so the case was moved to federal court. The family appealed, but two federal judges affirmed that ruling.

The Scott family wanted the case returned to state court so they could collect more money through punitive damages, something not allowed if the case remained in federal court.

Now, they will only be able to collect actual losses, such as pain and suffering and loss of companionship.

The Scott family next will file a claim against the U.S. House of Representatives. If the government and the family can agree on an amount, the case will be settled. If not, it likely will go to federal court and a judge will decide on a sum.

Scott, 55, was killed when his motorcycle collided with the a Cadillac Janklow was driving.

A Moody County jury convicted Janklow nearly a year ago of speeding, running a stop sign, reckless driving and second-degree manslaughter.

Janklow, 65, was elected to the House in 2002 after serving 16 years as governor. He resigned from Congress in January, spent 100 days in jail for the criminal convictions and paid a fine.

Ronald Meshbesher of Minneapolis, the Scott family lawyer, said he decided on no further appeals because it likely would take too long to get a ruling and was ``an uphill battle.''

He said he has two years from the day of the accident to file a claim with the government but an appeals decision could take longer.

``I think the law is wrong but that's just the way it is,'' Meshbesher said. ``The government is picking up his problem and taking him off the hook completely.''

He plans to file a claim with Congress in the next couple of months.

Janklow's lawyer, Bill Fuller of Sioux Falls, could not be reached for comment.

[Cliffy777]

S&^%, F(*&), D$#@, Bast$%^, Son of a Bi*&^. Thankfully I do believe that there will be justice for all of us at the END. I don't know how it works, but I have to believe people (I use the term loosely) like Janklow will get what they have coming.

[YB in IN]

Just another case of the political elite gettting everything their way. No wonder people are so fed up with government and the system in general. It really pisses me off to read this stuff.

[bullit7801]

For those who have not been following this case:

Everything is extensively reported in my local paper, the Sioux Falls Argus Leader. You can check them on line. Janklow ran the stop sign at 65 to 70 miles per in a 55 MPH zone. This on a road he drove all the time.

He is still appealing his multiple convictions using a defense that he was impaired because he is a diabetic and had not eaten that day. So, our "personal responsibility," ex-marine, former Governer is not accepting his, but still trying to "clear" his name.

Makes me sad to live here. (no smilies, not approptiate here)


tb

[R100RS]

I am not as big of an optimist as Cliffy, but I share the same hope.

[j-budimlya]

Let me get this straight....

If I'm a regular Joe, and I drive home from work, maybe after having a pop or two, I'm speeding, I run a stop sign and whack a biker dead....then I'm guilty of 2nd degree murder, I may go to jail, I'm fined, my insurance goes through the roof, and for sure I'm personally liable for the damages, etc.....

BUT, if i'm a politician, and I do the same, the government takes full responsibility for my actions.......

WTF is the matter here?????

:stick

[Cliffy777]

You folks hit it on the head. It is political abuse. I do not remember if Janklow is Red or Blue. I really don't care what political party he belongs to - he is a disgrace to his constituency (sp?) and to Americans in general. Nothing really new about it when you think about it - Ted Kennedy drowns a girl and look at how his political career has suffered. How many millions have we paid that killer....Janklow is just another pig feeding at the Public Trough.

[Rich]

Ted Kennedy drowns a girl and look at how his political career has suffered. How many millions have we paid that killer


This reminds me of the suggestion that was floating around - Ted should have been asked to drive Hillary home from the National Democratic Convention. :evil

[bullit7801]

... I do not remember if Janklow is Red or Blue. I really don't care what political party he belongs to - he is a disgrace to his constituency (sp?) and to Americans in general.

For the record, he is (was??) a Republican.

....Janklow is just another pig feeding at the Public Trough.

Hey there, Cliffy. As a state employee, I have been accused of gorging at the public trough myself. Hope you don't feel the same about me. :D

Seriously, thou, I am ashamed to say I voted for the bastard (oops, too strong, KBasa?? :dunno ) in 1994. Got to know him better and voted against him in 1998 and again in 2002, for all the good it did. He was elected in spite of my votes. I am really sorry that the judges ruled he was on the job. Now we all have to pay. I wanted him to really suffer. I wanted him to serve at least a year, he did 100 days; lose his law license, it was suspended; LOSE driving privileges FOREVER, his license was suspended; and have to pay tribble damages, he pays nothing but his own lawyer fees.

Definitely not justice to me. :banghead

[Grey Matter]

Janklow is just another pig feeding at the Public Trough.

There are still a few statesmen in our government & I believe many in government truly are there to be public servants & do actually serve. This is not a Democrat/Republican issue. It is about a system that is broken & a scum-bag politician that is taking advantage of the situation.

I could actually respect the SOB if he did not hide behind is diabetes & congressional BS status. What if this guy actually took full responsibility for his actions? Wouldn’t that be nice?

In any case I think justice is a long way off for this puke. I do believe in general that what goes around comes around. Let’s just hope it is sooner rather than later.

[BradfordBenn]

Sorry Bullit, I ain't going to South Dakota cause of this fiasco. But Bullit you can change it you do vote there.

My diatribe on the subject is on my site at http://www.bradfordbenn.com/MainSite/SouthDakota.cfm

[bullit7801]

Hey Brad,

I understand and respect your views. I even share most of them. Your web report is right on. The citizens of Janklow's home town convicted him. It was the judge that set the sentence. (for those not going to your site. Hey,...GO READ ON BRADS SITE! :thumb ). In South Dakota, we get to vote on the retention of judges and I have the feeling that the next vote on this judge will be in favor of NOT retaining him. It will be my vote, but you know my views.

I'd like to welcome you back to South Dakota when he has been replaced. :clap

tb

[riderR1150GSAdv]

There is a saying that says that **** floats and in the case of Kennedy and Janklow they are living proof. I also believe that they will pay a price. In Kennedy's case, he has lost half his family and must be oh so "happy" with all his fame and fortune. In Janklow's case, price has yet to be announced, but it will come in what ever shape or form.
In the end they will get what they deserve, but unfortunately their victims won't be round to see that.

[SNC1923]

Brad: I commend you on your letter to the governor, and for taking the time to voice your concerns to the people who need to hear them.

I don't know which I like better: Brad's suggestion (not his alone) of a boycott of South Dakota or Flash's suggestion of a candlelight vigil at Jankow's home.

Wouldn't it be great if we could get the 'MOA and the AMA and other large motorcycle organizations to enact a truly effective state boycott? This is an egregious miscarriage of justice and should not be tolerated by Jankow's (former) constituents or the deceased biker's two-wheeled commrades.

[rocketman]

While I can understand the desire to take some action to voice disgust at the manor in which the case was/is being handled and the rather minimal sentence imposed I don’t know if a boycott of the entire state would accomplish much and most importantly why take it out on all of the citizens as the lack of tourism dollars impacts the general businesses much more than it will the judge that gave down the sentence and won’t really impact the fed gov. backing of Janklow and them paying the monetary damages. Rather a strong voice directed to the legislature letting them know how you feel (for those in the state) that any member who supports such limited liability of politicians for criminal offences mean lack of support for reelection, for outside the state the same strongly worded letters to respective house and senate leaders would seem more to the point.
Heck, the citizens DID their job and found him guilty. It was the political system that protected him from what many would consider adequate or appropriate punishment.

RM

[Grey Matter]

It was the political system that protected him from what many would consider adequate or appropriate punishment.

I could not agree more. For those interested the AMA does have an initiative call Justice for All. The AMA has also outlined some ways for you & me to get involved. I know many don’t care for the AMA but if this issue is really chapping at you then you can do something about it. If the memory of Randolph Scott is to stay alive we need to put our time & money were our mouths are. Consider joining the AMA & help get the ball rolling.

The AMA's Justice for All Campaign (http://www.ama-cycle.org/justice/index.asp)

I am not saying the AMA is the end all for issues such as this, however they are the biggest & most powerful motorcycle lobby we have. I do not agree with every stance they take on every issue (helmet laws for instance) but I am a member.

[BradfordBenn]

I don't like hurting the citizen's of SD. I know quite a few people from there, plus I can now add Bullit to the list, and they are all nice enough people.

However the fact that I still have not even gotten a form letter reply is the big reason I am not going. As a person who happens to ride a motorcycle I just feel that the topic is being ignored by the governor's office. So if the state official in charge of the enforcement of the laws does not seem to care... well how far does that trickle down.

[bullit7801]

A survey was done several years after Richard Nixon resigned as President, the results of which indicated that 25% of the people in the US felt he was a great man, great president and had been treated unfairly. In reading the letters to the editor of the Sioux Falls Argus Leader everyday, I think that the percentage of South Dakota citizens that feel the same about Janklow is much higher than that, maybe as high as 40 or even 50%. Given the number of folks that still love him and think he was a great Governor for South Dakota, I am thankful that he was convicted at all. In an earlier post, I expressed my feelings about his sentence.

Brad is probably right in his stand. Tourism is one of our biggest moneymakers here and Sturgis is a big part of that. I am a state employee and budget problems affect my pay increases. I would encourage all to participate, if they can, in the AMA program mentioned above rather than boycotting South Dakota. BUT....If you feel that the message cannot get thru any other way than boycotting, I am one South Dakotan that understands and would encourage you to boycott. The message needs to get thru, not just here, but in other states where people have killed motorcyclists and been slapped on the wrist. Important people or not.

tb

[James.A]

Perhaps MOA members in S.Dakota (or any where) should infiltrate their local ABATE chapters and chat up the subject. They are a fearsome political entity.