Family of BP Agent Terry sues the ATF over Fast & Furious for $25 million

[usmarine0352_2005]

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They are also suing the Lone Wolf Trading Company for selling guns to straw purchasers and making a profit.




http://www.foxnews.com/politics/201...rder-patrol-agent-files-25m-suit-against-atf/

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Family of murdered Border Patrol agent files $25M suit against ATF

Published February 01, 2012

| FoxNews.com


The family of murdered Border Patrol agent Brian Terry has filed a $25 million wrongful death suit against the Bureau of Alcohol, Tobacco, Firearms and Explosives -- claiming Terry was killed with AK-47s that were knowingly sold under the Fast and Furious gunrunning probe to a straw purchaser for drug cartels.

In a 65-page complaint, attorneys for the family claim ATF "wrongdoing" in Fast and Furious.

"ATF's failures were not only negligent but in violation of ATF's own policies and procedures," the complaint claims.
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[FIVETWOSEVEN]

I would only support the lawsuit against LWTC only if they knew something was fishy but went along with the BATFE on it instead of just denying the sale.

 

[Carl N. Brown]

This is beyond

http://www.latimes.com/news/nationworld/nation/la-na-atf-guns-20110912,0,7686272,full.story
Richard A. Serrano, "Gun store owner had misgivings about ATF sting", Los Angeles Times, 12 Sep 2011.

When federal agents with Operation Fast and Furious told Andre Howard to sell weapons to illegal purchasers, he complied, but he feared someone would get hurt. Then a border agent was shot.

In the fall of 2009, ATF agents installed a secret phone line and hidden cameras in a ceiling panel and wall at Andre Howard's Lone Wolf gun store. They gave him one basic instruction: Sell guns to every illegal purchaser who walks through the door.

For 15 months, Howard did as he was told. To customers with phony IDs or wads of cash he normally would have turned away, he sold pistols, rifles and semiautomatics. He was assured by the ATF that they would follow the guns, and that the surveillance would lead the agents to the violent Mexican drug cartels on the Southwest border.....

As though Howard could have told the ATF to take a hike. Sheeez.

Looks like Terry's family clammed up the best witness against ATF they could have had.

 

[mac66]

Terry's family should have named and sued Eric Holder and other top officials as well.

The point of the lawsuit is to try and get everyone involved, and then let the courts figure out who is responsible. Sucks to be the gun dealer but should be a lesson to others about liability.

 

[Rembrandt]

This is the administrations worst nightmare.....the discovery process will unearth things no senate or house panel could get. Unfortunately the legal system works at a snails pace, nothing will surface before the election and may take years.

 

[M2 Carbine]

In the end the taxpayers will pay the bill for the ATF and whatever government people are involved and No government people responsible will so much as lose a pay check or spend a day in jail.

 

[Gimmered]

So the family has taken the position that the gun kill the Border patrol agent and not the criminal? I hope this doesn't catch on.

 

[JFrame]

So the family has taken the position that the gun kill the Border patrol agent and not the criminal? I hope this doesn't catch on.

I'm not quite sure I get that at all. The issue isn't the gun -- it's the illegal trafficking of the gun by the federal government.


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[Cosmoline]

I suspect there will be some major legal problems with an attempted WD suit against the federal government by survivors of a federal employee.

 

[Bobson]

As though Howard could have told the ATF to take a hike. Sheeez.

Sure he could have. Since when is an American civilian legally required to follow orders issued by the US Government? Howard should have refused, even if it meant losing his FFL. And if it did, he could have been the one suing right now (though for less money...).

I hope American citizens end up paying the $25 million bill for this, but I doubt we will. I expect the ATF will have some superb lawyers. Heck, they could spend $20 million on legal support for this one lawsuit alone, and it would be an incredible financial victory. IMO, the family doesn't have a chance at winning. This lawsuit is about getting more negative attention directed at the BATFE.

 

[Zoogster]

FIVETWOSEVEN said:

I would only support the lawsuit against LWTC only if they knew something was fishy but went along with the BATFE on it instead of just denying the sale.

The ATF told him to sell the guns.
The ATF issues your FFL license.
The ATF gets to decide if paperwork errors are violations of federal law, or minor mistakes.
The ATF gets to decide if you get an investigation that puts your business on hold for a long period of time at any point in the future for minor things they can come up with.
The ATF gets to decide if your renewal gets processed speedily, or gets lost or is difficult. Or they can't find it, you say you filed it when...

The ATF decides if an FFL storefront is able to stay in business, telling the ATF to get lost and pissing them off means the first chance they get in the future you are going to find your inventory seized and any possible thing that can be misinterpreted or exaggerated used against you.
Even if everything turns out okay, the process can often cause the business to make no money for the length of the hassle, and many businesses that make no profit for a month or two or longer will have to file for bankruptcy.



No, if you are an FFL that depends on regular sales for your livelihood the ATF owns you. You cannot just tell them off.

 

[Shawn Dodson]

The ATF told him to sell the guns.
The ATF issues your FFL license...

LWTC will probably claim it acted under duress of ATFE.

 

[armoredman]

And that is the first thing the Arizona panel is looking into, whether or not the FFLs were forced to comply. That information could be useful later.

 

[Neverwinter]

I suspect there will be some major legal problems with an attempted WD suit against the federal government by survivors of a federal employee.

History is not in their favor. Expect executive privilege to save the day.

 

[DavidMS]

I was thinking State Secret Exemption.

This is possibly the most anti-republican principle in American law.

https://en.wikipedia.org/wiki/State_secrets_privilege

 

[DoubleTapDrew]

Sure he could have. Since when is an American civilian legally required to follow orders issued by the US Government? Howard should have refused, even if it meant losing his FFL. And if it did, he could have been the one suing right now (though for less money...).

This is the ATF we are talking about. Losing his FFL (and thus his business) would be the BEST possible outcome. Losing his freedom would be much more likely. And it could get even worse after that (losing pets, family members, etc. isn't unheard of).

 

[Ignition Override]

Maybe some staffers at one or more of the gun stores had luck recording discussions with the ATF. If there were any clear "suggestions" that stores sell to questionable buyers that would be quite beneficial.

I doubt that the stores were prepared to record anything, and suspect that the language used by the ATF was never clear enough to later be able to prove any coercion.

 

[hermannr]

As this is a civil suit, there should be no 5th ammendment pleadings, this may actually bring more information to light than the congressional investigations.

 

[maskedman504]

The bottom line is our Gov't was sending weapons to drug cartels. GPS/radio trackers or not- they were going to be used to kill. Remove the firing pins. To me, this "operation" is appalling. Then, I have to listen to Holder telling me he had no idea what was going on. We must really be some hillbilly clodhoppers in their eyes.

 

[Cosmoline]

History is not in their favor. Expect executive privilege to save the day.

Even more fundamentally, the federal government has sovereign immunity from suit apart from narrow exceptions. I would be surprised if survivors of a federal employee were permitted to pursue a claim against the government at all.

 

[Paris]

So the family has taken the position that the gun kill the Border patrol agent and not the criminal? I hope this doesn't catch on.

No, not at all. You are confused.

 

[JColdIron]

The ATF told him to sell the guns.
The ATF issues your FFL license.
The ATF gets to decide if paperwork errors are violations of federal law, or minor mistakes.
The ATF gets to decide if you get an investigation that puts your business on hold for a long period of time at any point in the future for minor things they can come up with.
The ATF gets to decide if your renewal gets processed speedily, or gets lost or is difficult. Or they can't find it, you say you filed it when...

The ATF decides if an FFL storefront is able to stay in business,

Don't forget that the ATF can also sieze an FFL's entire stock of firearms for "evidence" with no charges applied for years on end...

 

[JustinJ]

Quote:
So the family has taken the position that the gun kill the Border patrol agent and not the criminal? I hope this doesn't catch on.

No, not at all. You are confused

It's actually a pretty good point and "no, not at all. You are confused" is not much of an arguement against.

 

[SharpsDressedMan]

Probably ought to be moved to the legal column.

 

[wannabeagunsmith]

I say go get 'em! As far as the gun store owner goes, I would say it was risky either way being as he could have lost his store to those tyrants if he refused..