Saturday, April 4, 2020

Suit against USA federal government dismissed

Last summer I filed a law suit in federal court regarding the amputation of my prepuce: https://johnadkison.blogspot.com/2019/06/filed-suit-against-usa.html

Yesterday, I got the results.

Here is the response from the district attorney. I am not bothering with the other documentation such as the dismissal by the judge as it's all just formality. The interesting stuff is all in here: https://drive.google.com/file/d/1DdHARwPjPfHT1OP8mX-ijfFm2kIoYVSp/view?usp=sharing 

Regardless of your opinion of whether my case had merit, the way that this case got dismissed should concern everyone (in the USA at least).

 I could get deep into the "timeliness" issue that was used as one of the reasons for the dismissal. I'm just going to say this: rape does not have a 2-year statute of limitation. They use this because they consider it a medical procedure. Thus, determining whether it is or not didn't even get its day in court.
What I find most concerning is the lack of jurisdiction. If the federal court does not allow citizens to hold the government accountable for violations of human rights, WTH does? It seems only Congress has that jurisdiction. It appears that Congress has to say what the federal government can and cannot be sued for. I guess it's not already approved to sue the federal government for removing people's body parts without a medical need. So, what's the process for citizens to get such a thing passed? I'm guessing it is the same as requesting that the government create any law: petitions and letters to your representative.

It really surprises me that the federal government can't be sued for directly violating the Constitution or Bill of Rights. What is the point of having these things if we cannot hold the government accountable to those laws?

Consider a hypothetical: your parents had one of your kidneys removed through your belly button when you were really young so that you would not remember. You didn't find out about it for decades later. There may have been some science to back it up or one of your family members needed the kidney, whatever. Does the US government have the right to do that, even with your parent's permission?

I have struggled with the idea of social medicine. I hate what capitalism has done to the medical system in the USA, but, this is a case against the idea of the government operating medicine.