Fast & Furious: Judge Throws out Brian Terry Family’s Wrongful Death Lawsuit

Freedom Outpost

Over the weekend several big stories regarding the Operation Fast and Furious  gunrunning scandal developed.  For the sake of brevity, I’ll make several posts  with each of the stories.  First, on Friday evening the lawsuit  filed by the family of slain Border Patrol agent Brian Terry was dismissed.  

The family had argued “ATF’s (Bureau of Alcohol, Tobacco, and Firearms)  failures were not only negligent, but in violation of ATF’s own policies and  procedures,” which led to their son’s death from a weapon obtained from  Fast and Furious.

Reuters reports:   

In a written ruling released on Friday, District Judge David G. Campbell  found that federal law and prior U.S. Supreme Court rulings barred such damages  because the U.S. Congress has passed laws providing compensation – including  death benefits – for survivors of federal officers killed in the line of  duty.

“The Court recognizes that Plaintiffs have suffered a great loss, and  that any financial remedy is likely insufficient to redress their injury,”  Campbell said in the eight-page ruling.

“But as the Supreme Court has made clear, the bedrock principle of  separation of powers counsels against judicially-created remedies when Congress  has established a remedial scheme,” he added.

brian terryFamily  members said they are likely to appeal the ruling.

Robert Heyer, Brian Terry’s cousin and the chairman of the  foundation set up in Terry’s name told Reuters, “”We’re reading over his  order and it appears that he has ruled strictly on a technicality. He has not  considered the basis of the claim that said that ATF and the U.S. Attorney’s  office had created a danger in their pursuit of this gun trafficking  operation.” 

“This has never been about a financial amount, this is about gaining justice  and holding those individuals accountable for their actions,” he added.

Terry’s family blasted Barack Obama in July over the claims that Brian Terry’s death and Fast and  Furious were “phony scandals.”

Terry was ambushed and killed on December 14, 2010 and he and others were  patrolling 11 miles from the Mexican border at Peck Canyon, Santa Cruz County,  Arizona.  Coming across five suspects, they had fired non-lethal beanbag guns,  but the suspects used real bullets, hitting and killing Terry.

So far, no one in the federal government has been held accountable, though  several suspects have been arrested  and indicted in the murder.

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