#besociallyaware

[bemusedlybespectacled]

I really enjoy your blog.

Aww, thank you! :)

[bemusedlybespectacled]

I think you're the only law student/ legal type I follow. I was wondering if the people of Flint, MI could actually sue the legislators who put them in this lurch. Like, if you sue the government you're basically suing for tax money, but if you sue the people who put you there you sue the people who signed the bill, right?

Pal, you’re so lucky, because I literally just covered this last semester in Torts.

So it turns out that the government, at all levels, has a blanket protection against certain claims. Now, over time, those protections have been stripped and changed so that you can sue the government for various things, but it depends on the state. So Michigan’s pertinent law is MCLS § 691.1407:

§ 691.1407. Immunity from tort liability; intentional torts; immunity of judge, legislator, official, and guardian ad litem; immunity of governmental agency under MISS DIG underground facility damage prevention and safety act; definitions.

(1) Except as otherwise provided in this act, a governmental agency is immune from tort liability if the governmental agency is engaged in the exercise or discharge of a governmental function. Except as otherwise provided in this act, this act does not modify or restrict the immunity of the state from tort liability as it existed before July 1, 1965, which immunity is affirmed.

(2) Except as otherwise provided in this section, and without regard to the discretionary or ministerial nature of the conduct in question, each officer and employee of a governmental agency, each volunteer acting on behalf of a governmental agency, and each member of a board, council, commission, or statutorily created task force of a governmental agency is immune from tort liability for an injury to a person or damage to property caused by the officer, employee, or member while in the course of employment or service or caused by the volunteer while acting on behalf of a governmental agency if all of the following are met:

The officer, employee, member, or volunteer is acting or reasonably believes he or she is acting within the scope of his or her authority.

The governmental agency is engaged in the exercise or discharge of a governmental function.

The officer’s, employee’s, member’s, or volunteer’s conduct does not amount to gross negligence that is the proximate cause of the injury or damage.

[blah blah blah]

(5)  A judge, a legislator, and the elective or highest appointive executive official of all levels of government are immune from tort liability for injuries to persons or damages to property if he or she is acting within the scope of his or her judicial, legislative, or executive authority.

[blah blah blah]

(8)  As used in this section:

(a)  “Gross negligence” means conduct so reckless as to demonstrate a substantial lack of concern for whether an injury results.

So if I’m reading this right (keeping in mind that I’m a 1st year student):

Government officers and workers are immune, unless they’re not acting in the scope of their authority or they’re not doing government work at the time or their conduct is gross negligence - like, not just making a mistake, but behaving recklessly with little concern for others.

Legislators and such are immune so long as they’re acting within authority. So the legislators are more immune than the government workers.

So a good lawyer could make the case that this is such a fuck-up it goes beyond “looks like we made a whoopsie” to “not giving a fuck about what people could get hurt.” And lo and behold, at least two class-action lawsuits have been filed making precisely those claims.

[cardinalrachelieu]

You know you're Rey right?

this is...

the bEST COMPLIMENT I’VE EVER RECEIVED OH!! MY!! GOSH!!

[bemusedlybespectacled]

Does it bother you as much as is does me that in the film version of RENT Joanne hires a male engineer and not a female engineer?

Yeah? I mean, it’s such an unnecessary change. It’s a single pronoun. It serves no purpose, it has no impact on the story, so why change it? Seriously, why?

[bemusedlybespectacled]

Do you have the new messaging thing?

I do! :)

[percahlia]

besociallyaware said: I started watching in the middle of the first episode live stream. So, I fell in love when Vax tried to sneak a sip of ale from Greyspine.

I wish I had been watching then, it was a great moment but I had no idea what D&D even was then. I started watching during the middle of the Glass and Bone episode and knew I had to watch the rest of the episodes right away.

[percahlia]

besociallyaware said: Bonus reaction from Matt?

Matt’s reaction is in the full gifset here. :)

[cardinalrachelieu]

5 things Clarke has probably said

ALRIGHT ALRIGHT ALRIGHT ALRIGHT

“STOP HAVING SEX WITHOUT TAKING A BATH FIRST I SWEAR TO GOD IF ONE MORE OF YOU ASSHOLES COMES TO SEE ME ABOUT AN INFECTION I AM ACTUALLY GOING TO CUT YOUR JUNK OFF.” (”clarke, you’re scaring the ten year olds,” raven jokes. “good!” she shouts back.)

“what’s the diplomatic way to say ‘fuck off’?” (”clarke, they can hear you.” “oh good, maybe they can answer.” [bellamy shifts his weight, hangs his head, and lets out a labored sigh.] she always does this. why does she always do this?)

“i haven’t forgiven you for dad, and i’m not sure i ever will. but i’m glad you survived.” (abby nods. it’s better than she’d hoped for, to tell the truth.)

“i never asked for this -- for any of this.” (lexa understands more than most. you never ask for the power to end lives, but that doesn’t mean you’re not the right person to be making the calls. if it doesn’t haunt you, you’re no better than they are...)

“look, i know some... things happened while you were in there. and you don’t have to tell me, but... you should tell someone.” (“i don’t...” he starts, focused mostly on the next place his boots are going to land. she can tell he’s favoring one leg, wonders what injuries are hiding beneath the mud-caked fabric, wonders if there’s an infection spreading, wonders what other marks he’s hiding from her, wonders-- “know if i can do that right now.” she expected as much. she wouldn’t want to talk about it either. “i’m not--” “thanks.” she furrows her brows, waiting for him to continue. “for coming for us... for me. i know what it cost.” his words hang heavy between them, and she suddenly doesn’t think she could bear to know the ways in which they hurt him.)