more rollback of ADA

Justin Schwartz jkschw at hotmail.com
Mon Jun 17 20:33:33 PDT 2002



>At 10:13 PM 6/17/2002 +0000, justin wrote:
>
>
>>The point is not compensation or redistribution but punishment, to say BAD
>>state actor, Don't Do That! Sometimes it's the only thing that gets their
>>attention.
>
>
>I understand the concept of punitive damages - but i am arguing that this
>concept is misapplied here, because it de facto asks the taxpayers to pay
>for the misdeed committed by a government functionary. It is as if we were
>all asked to serve a day or so of the prison term received by a government
>employee. This is much different from a private person paying such
>damages.
>
>wojtek

Alas, we always have to pay for the errors and mistakes of the government, as well as for worse things it does. Your reasoning works against compensatory damages paid by the G too. too. It would be better, I agree, if the law were amended to allow government officials to be sued for violations in their individual caapcities, as one can do in the case of constitutional violations under 42 USC 1983. The jail analogy is flawed, but I bet you can see why.

jks

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