Page 4 of 19 FirstFirst ... 2345614 ... LastLast
Results 31 to 40 of 188

Thread: Connecticut chimp attack victim seeks right to sue state

  1. #31
    Sage
    Hatuey's Avatar
    Join Date
    Oct 2006
    Last Seen
    Today @ 09:20 AM
    Gender
    Lean
    Moderate
    Posts
    42,018

    Re: Connecticut chimp attack victim seeks right to sue state

    Quote Originally Posted by US Conservative View Post
    Stop being thick-its just not true that the agency has any specific responsibility to protect her, or anyone.
    Did the state have a duty to remove the animal. Yes or no?
    I refuse to accept the view that mankind is so tragically bound to the starless midnight of racism and war that the bright daybreak of peace and brotherhood can never become a reality. - MLK

  2. #32
    warrior of the wetlands
    TurtleDude's Avatar
    Join Date
    Oct 2005
    Location
    Ohio
    Last Seen
    Today @ 01:23 PM
    Gender
    Lean
    Libertarian - Right
    Posts
    180,569

    Re: Connecticut chimp attack victim seeks right to sue state

    Quote Originally Posted by Hatuey View Post
    You're being facetious. The state of Massachusetts has laws banning the private ownership of dangerous wild animals. The state came into contact with one and for whatever reason refused to follow its own laws. Its failure to follow the law directly contributed to the attack on the woman.
    well we will see who understands this topic better based on the outcome of the suit

    and what law did the state fail to follow? or did it merely take its time?



    I guess you backed off the silly claim of an ad hom attack


    but being very well versed in the concept of sovereign immunity etc I suspect I am right



  3. #33
    Banned
    Join Date
    Nov 2013
    Location
    Between Athens and Jerusalem
    Last Seen
    05-18-16 @ 07:06 PM
    Gender
    Lean
    Conservative
    Posts
    33,522

    Re: Connecticut chimp attack victim seeks right to sue state

    Quote Originally Posted by Hatuey View Post
    Did the state have a duty to remove the animal. Yes or no?
    Immaterial. It has no specific duty to protect an individual. Next song.

  4. #34
    warrior of the wetlands
    TurtleDude's Avatar
    Join Date
    Oct 2005
    Location
    Ohio
    Last Seen
    Today @ 01:23 PM
    Gender
    Lean
    Libertarian - Right
    Posts
    180,569

    Re: Connecticut chimp attack victim seeks right to sue state

    Quote Originally Posted by Hatuey View Post
    Did the state have a duty to remove the animal. Yes or no?
    the state has a duty to remove known nuisances. what creates a private right of action though

    the mandamus act? the APA?

    we get this all the time in my former office. Often immigrants applying for "Green cards" or "adjustment of status" claim that USCIS has a duty to adjudicate their applications and when USCIS drags its feet-they sue. Unless the delay is YEARS AND YEARS, the immigrants almost always lose

    if the state had a duty to remove the animal-it doesn't require immediacy nor does it create a private right of a action



  5. #35
    warrior of the wetlands
    TurtleDude's Avatar
    Join Date
    Oct 2005
    Location
    Ohio
    Last Seen
    Today @ 01:23 PM
    Gender
    Lean
    Libertarian - Right
    Posts
    180,569

    Re: Connecticut chimp attack victim seeks right to sue state

    Quote Originally Posted by Hatuey View Post
    You're being facetious. The state of Massachusetts has laws banning the private ownership of dangerous wild animals. The state came into contact with one and for whatever reason refused to follow its own laws. Its failure to follow the law directly contributed to the attack on the woman.
    again, you apparently have little understanding of sovereign immunity, private right of action etc



  6. #36
    Sage
    Hatuey's Avatar
    Join Date
    Oct 2006
    Last Seen
    Today @ 09:20 AM
    Gender
    Lean
    Moderate
    Posts
    42,018

    Re: Connecticut chimp attack victim seeks right to sue state

    Quote Originally Posted by TurtleDude View Post
    well we will see who understands this topic better based on the outcome of the suit

    and what law did the state fail to follow? or did it merely take its time?
    The state created a law prohibiting the ownership of primates over 50 pounds in 2003 because of an event by the same animal....

    http://www.animallaw.info/statutes/stusmast131A_1.htm

    Except as otherwise provided in this chapter, no person may take, possess, transport, export, process, sell or offer for sale, buy or offer to buy, nor shall a common or contract carrier knowingly transport or receive for shipment, any plant or animal species listed as endangered, threatened or of special concern or listed under the Federal Endangered Species Act.
    I guess you backed off the silly claim of an ad hom attack

    but being very well versed in the concept of sovereign immunity etc I suspect I am right
    Actually, I reported it. "Rat fink Hatuey"?
    Last edited by Hatuey; 03-23-14 at 01:14 AM.
    I refuse to accept the view that mankind is so tragically bound to the starless midnight of racism and war that the bright daybreak of peace and brotherhood can never become a reality. - MLK

  7. #37
    warrior of the wetlands
    TurtleDude's Avatar
    Join Date
    Oct 2005
    Location
    Ohio
    Last Seen
    Today @ 01:23 PM
    Gender
    Lean
    Libertarian - Right
    Posts
    180,569

    Re: Connecticut chimp attack victim seeks right to sue state

    Quote Originally Posted by Hatuey View Post
    The state created a law prohibiting the ownership of primates over 50 pounds in 2003 because of an event by the same animal....



    Actually, I reported it. "Rat fink Hatuey"?
    that was pathetic given the context. I was using an example where you would have a right of action



  8. #38
    Banned
    Join Date
    Sep 2012
    Location
    Chicago
    Last Seen
    10-30-14 @ 12:38 AM
    Gender
    Lean
    Libertarian
    Posts
    7,908

    Re: Connecticut chimp attack victim seeks right to sue state

    Quote Originally Posted by Hatuey View Post
    http://news.yahoo.com/chimp-attack-v...--finance.html



    On one hand, the state knew there was a dangerous animal in this man's house and did nothing about it. On the other, she knew perfectly well this man kept a dangerous animal and should have stopped visiting. Some expect governments to deal with threats to communities (like this animal) and there are those who argue on behalf of personal responsibility. This case blurs the line between those opinion.
    There is no blurring of lines here - everyone involved in that attack is an idiot. This is nothing more than a case of a moron getting what they deserved all along.

    I've seen youtube videos of people lighting themselves on fire and end up burning themselves really bad. Now should be ban matches, lighters, gas or alcohol???

    You see, this is just another frivolous lawsuit - just another dummy that wants to blame another (in this case the state) for their stupidity.

    Also, all animals are dangerous - or at least have wild instincts, even animals that have been domesticated for thousands of years like dogs or cats. So there is always a risk with any "pet" however a chimp? yeah, a pet chimp that chews someones face off should get the owner of the animal a Darwin Award.

  9. #39
    Sage
    Hatuey's Avatar
    Join Date
    Oct 2006
    Last Seen
    Today @ 09:20 AM
    Gender
    Lean
    Moderate
    Posts
    42,018

    Re: Connecticut chimp attack victim seeks right to sue state

    Quote Originally Posted by TurtleDude View Post
    that was pathetic given the context. I was using an example where you would have a right of action
    Turtle, if the state creates a law prohibiting the ownership of primates over 50 pounds - and then it allows people to keep them - is the state being negligent in the duties it has created for itself? You're starting to sound like a statist - the state isn't at fault when it does not follow its own laws kind. I wonder what else we can apply this to? Maybe presidents who don't follow the constitution designed to reign their powers in?
    I refuse to accept the view that mankind is so tragically bound to the starless midnight of racism and war that the bright daybreak of peace and brotherhood can never become a reality. - MLK

  10. #40
    warrior of the wetlands
    TurtleDude's Avatar
    Join Date
    Oct 2005
    Location
    Ohio
    Last Seen
    Today @ 01:23 PM
    Gender
    Lean
    Libertarian - Right
    Posts
    180,569

    Re: Connecticut chimp attack victim seeks right to sue state

    Quote Originally Posted by Hatuey View Post
    Turtle, if the state creates a law prohibiting the ownership of primates over 50 pounds - and then it allows people to keep them - is the state being negligent in the duties it has created for itself?
    that is not the issue. the issue is whether she has a right of action against the state. I say not



Page 4 of 19 FirstFirst ... 2345614 ... LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •