On November 15th, the lawsuit filed against the federal government by the family of slain Border Patrol Agent Brian Terry was thrown out.
CBS News’ Sharyl Attkisson tweeted: “The court tonight granted the defendants’ motion to throw [the] case out of Court.”
Terry was killed on the Arizona/Mexico border on the night of December 14, 2010. Weapons from Operation Fast and Furious were recovered at the scene.
The Terry family’s suit claimed the “ATF’s failures were not only negligent but in violation of ATF’s own policies and procedures” and resulted in Brian’s death.
Attkisson subsequently tweeted out an explanation from the Terry family as to why the case was dismissed:
Terry family: Court’s reason for ruling against us is the rule that if the victims had received compensation from another govt. statute…
— Sharyl Attkisson (@SharylAttkisson) November 16, 2013
..then they can’t bring this type of claim. The Court found that Congress money given to families of fed. law enforcement officers killed…
— Sharyl Attkisson (@SharylAttkisson) November 16, 2013
…in the line of duty and federal worker’s comp law bars an award in this case.
— Sharyl Attkisson (@SharylAttkisson) November 16, 2013
The Obama administration has escaped from the lawsuit on this technicality for now, but Attkisson also reported the family said an appeal was possible.
Follow AWR Hawkins on Twitter @AWRHawkins.
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