Hickory Born
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Can you sue the DOC as the parent of an adult, non-dependant offspring? He was over 18, living on his own, never going to be a financial provider for the family; they could never hope to be dependant on a LWOP offspring.
I found this:
"This question is important, because cases interpreting Article III of the Constitution prohibit federal courts from hearing suits by plaintiffs who have not themselves suffered some kind of injury as a result of a defendant's misconduct. The Supreme Court has also placed further, prudential limits on who among the injured parties is entitled to bring a cause of action."
and later in same article...
"It is therefore virtually always going to be the state's violation of the adult child's rights themselves (rather than a direct attack on the parent's right to run her child's life) that will result in injuries to parents that might lead the parents to sue. And the predictable case in which such an injury would occur is when the government has used excessive, deadly force against a child and left the parents bereft of their offspring.
"Therefore, to the extent that parents of minor children have been granted standing to sue for the deaths of their children, the question becomes what one understands that loss to consist of.
"If one accepts the view that the age of majority extinguishes any constitutional right to a relationship with one's children, then one must assume that the essential ingredient of parental rights is control. Once a person has lost the right to control a child's activities and whereabouts, the killing of that child no longer deprives the parent of anything that is constitutionally cognizable. "
http://writ.news.findlaw.com/colb/20031231.html
I interpret that as, Ryan's parents (birth or adoptive, or his siblings) were not themselves injured by the DOC, therefore, their suit will not be heard. I don't think pain and suffering of the Brunns counts as injured, but I'm no lawyer.
And the DOC didn't kill him. No deadly force by a DOC employee. He killed himself. Voluntarily.
Personally, considering adoptive mama just filed bankruptcy, I'm wondering who'd volunteer to serve as the family lawyer. Mom and Dad aren't charged for any crimes so they don't get a lawyer pro-bono like Ryan did if they want to sue, assuming this is even a case that would be heard.
(And perhaps because of the reasons stated above, that's why RBs lawyer stated 'it's over'.)
But I'm no lawyer! :crazy: :seeya:
Anybody can sue anybody, doesn't mean they are going to win. I think the key would be the mental examination RB took on Wednesday showing that the state didn't have to put him on suicide-watch. There has to be certain criteria and supposedly RB didn't meet it.
As for personal injury attorneys, I don't know if they take cases where they ONLY get a percentage of the outcome....in other words, client pays nothing but attorney takes large percent after trial.