Suing The Government For Computer Damages In False Accusation
from the doubly-wreaked dept
One of the issues with identity theft is that, unlike most other crimes, the victim is the one who is left to prove they’re not the guilty party. Sometimes this makes things much, much worse. Take the case of a couple who ran a small software business. The husband had his identity stolen, and that identity was used to set up a child porn site. Federal Agents then showed up at their door and took all of their computers away. After investigating the case for six months and not charging the husband with anything, they returned the computers – though many were damaged and more than half their hard drives were erased. As you might imagine, this completely shut down their business. They’ve now sued the government for damages. However, there’s some confusion over the case, because it’s actually the second attempt to sue. The first attempt was thrown out after a judge ruled that you can’t sue federal agents for property they hold – even if that property was taken incorrectly and then destroyed. The article does say that the FBI often will pay for damaged equipment in such situations, but believe that the couple is asking for way too much in this case.