Can Bergdahl be liable in military or civilian court if anyone died looking for him?

[Lakhota]

Could families of any solder(s) who may have been killed while searching for him file civil lawsuits? My business law doesn't cover such things, but my guess is the answer is NO.

It seems to me that the military superiors who ordered any searches for him would be most directly liable.

I would appreciate any intelligent input from legal minds.

Thank you.

 

[RetiredGySgt]

Could families of any solder(s) who may have been killed while searching for him file civil lawsuits? My business law doesn't cover such things, but my guess is the answer is NO.

It seems to me that the military superiors who ordered any searches for him would be most directly liable.

I would appreciate any intelligent input from legal minds.

Thank you.

No one is liable. Family members can not sue military commanders for orders they gave that may have cost lives. Any idiot knows that. But then you ARE a special kind of moron aren't you?

 

[Lakhota]

Could families of any solder(s) who may have been killed while searching for him file civil lawsuits? My business law doesn't cover such things, but my guess is the answer is NO.

It seems to me that the military superiors who ordered any searches for him would be most directly liable.

I would appreciate any intelligent input from legal minds.

Thank you.

No one is liable. Family members can not sue military commanders for orders they gave that may have cost lives. Any idiot knows that. But then you ARE a special kind of moron aren't you?

Well, could family members sue Bergdahl - either before or after his discharge?

 

[PaintMyHouse]

Could families of any solder(s) who may have been killed while searching for him file civil lawsuits? My business law doesn't cover such things, but my guess is the answer is NO.

You are correct but they can always try.

 

[Lakhota]

"If there is a payday, Bergdahl is also open to civil claims against him from families of those servicemen who may have been killed while looking for him. (He is also expected to get his five years of back pay, including his promotions in abstentia.)"

More: Can Sgt. Bowe Bergdahl financially profit from his story? | Fox News

I disagree with the above Fox News article.

 

[CaféAuLait]

Could families of any solder(s) who may have been killed while searching for him file civil lawsuits? My business law doesn't cover such things, but my guess is the answer is NO.

It seems to me that the military superiors who ordered any searches for him would be most directly liable.

I would appreciate any intelligent input from legal minds.

Thank you.

I don't think he can be sued, but the only person responsible would be the person setting the situation in motion, Bowe, who stated he would go AWOL before ever arriving in Afghanistan and did so 5 weeks in.

Its sad reading the Taliban transmissions where they stated they were setting IEDs up to ambush his fellow soldiers searching for him.

"I SWEAR THAT I HAVE NOT HEARD ANYTHING YET. WHAT HAPPENED. IS THAT TRUE THAT THEY CAPTURED AN AMERICAN GUY?"

"YES THEY DID. HE IS ALIVE. THERE IS NO WHERE HE CAN GO (LOL)" "IS HE STILL ALIVE?"

"YES HE IS ALIVE. BUT I DONT HAVE THE WHOLE STORY. DONT KNOW IF THEY WERE FIGHTING. ALL I KNOW IF THEY WERE FIGHTING. ALL I KNOW THAT THEY CAPTURE HIM ALIVE AND THEY ARE WITH HIM RIGHT NOW."

Then another intercept was picked up:

"CUT THE HEAD OFF"

Later that evening, a final intercept confirmed that Bowe had been captured by the Taliban, who were preparing an ambush for the search party.

"WE ARE WAITING FOR THEM."

"LOL THEY KNOW WHERE HE IS BUT THEY KEEP GOING TO WRONG AREA."

"OK SET UP THE WORK FOR THEM."

"YES WE HAVE A LOT OF IED ON THE ROAD."

"GOD WILLING WE WILL DO IT."

"WE WERE ATTACKING THE POST HE WAS SITTING TAKING EXPLETIVE HE HAD NO GUN WITH HIM. HE WAS TAKING EXPLETIVE, HE HAS NOT CLEANED HIS BUTT YET." "WHAT SHAME FOR THEM."

"YES LOOK THEY HAVE ALL AMERICANS, ANA HELICOPTERS THE PLANES ARE LOOKING FOR HIM."

"I THINK HE IS BIG SHOT THAT WHY THEY ARE LOOKING FOR HIM."

A third voice chimed in:

"CAN YOU GUYS MAKE A VIDEO OF HIM AND ANNOUNCE IT ALL OVER AFGHANISTAN THAT WE HAVE ONE OF THE AMERICANS."

"WE ALREADY HAVE A VIDEO OF HIM."

Bowe Bergdahl: America's Last Prisoner of War by Michael Hastings | Politics News | Rolling Stone

 

[Quantum Windbag]

Could families of any solder(s) who may have been killed while searching for him file civil lawsuits? My business law doesn't cover such things, but my guess is the answer is NO.

It seems to me that the military superiors who ordered any searches for him would be most directly liable.

I would appreciate any intelligent input from legal minds.

Thank you.

Considering that the local DA is considering bringing charges against a guy who wasn't even in the house because the cops dropped a grenade on a sleeping baby, why wouldn't he be liable?

By the way, idiot, the military has no civil court.

 

[Quantum Windbag]

"If there is a payday, Bergdahl is also open to civil claims against him from families of those servicemen who may have been killed while looking for him. (He is also expected to get his five years of back pay, including his promotions in abstentia.)"

More: Can Sgt. Bowe Bergdahl financially profit from his story? | Fox News

I disagree with the above Fox News article.

Why? Because it is from Fox?

 

[Lakhota]

I look forward to more "intelligent" comments. There are many rightwingers who seem confused as to exactly what all Bergdahl could potentially be liable for.

 

[Lakhota]

Are there no legal minds on this board?

 

[CrusaderFrank]

The families of any solider killed while looking for the Jihadist should deal with him directly

 

[Peach]

Until the facts are known, the question cannot be answered.

 

[RetiredGySgt]

"If there is a payday, Bergdahl is also open to civil claims against him from families of those servicemen who may have been killed while looking for him. (He is also expected to get his five years of back pay, including his promotions in abstentia.)"

More: Can Sgt. Bowe Bergdahl financially profit from his story? | Fox News

I disagree with the above Fox News article.

He at the very least went AWOL, he is owed no back pay or promotions as he was ABSENT WITH OUT LEAVE if not a deserter.

 

[Peach]

Could families of any solder(s) who may have been killed while searching for him file civil lawsuits? My business law doesn't cover such things, but my guess is the answer is NO.

It seems to me that the military superiors who ordered any searches for him would be most directly liable.

I would appreciate any intelligent input from legal minds.

Thank you.

No one is liable. Family members can not sue military commanders for orders they gave that may have cost lives. Any idiot knows that. But then you ARE a special kind of moron aren't you?

I believe you are correct, those that orders the searches, and some reports are the searches were rountine, the search for him was an addition, cannot be held liable. I doubt he can, either.

 

[CaféAuLait]

Until the facts are known, the question cannot be answered.

The facts were discovered in the 15-6 investigation in 2010. The only fact the military did not report, is the reason why Bowe decided to deliberately leave- because they obviously could not speak to him.

An Army fact-finding investigation conducted in the months after his disappearance concluded that Bergdahl left his outpost deliberately and of his own free will, according to the official, who was briefed on the report.

The Army has no definitive finding that Bergdahl deserted because that would require knowing his intent -- something Army officials couldn't learn without talking to the soldier, a U.S. military official told CNN.

Given his emails home and his sending his items home after being there for only two weeks, along with the fact he stated he would go desert before arriving in Afghanistan its pretty clear.

FBI: Bowe Bergdahl's parents have received threats - CNN.com

 

[KGB]

Could families of any solder(s) who may have been killed while searching for him file civil lawsuits? My business law doesn't cover such things, but my guess is the answer is NO.

It seems to me that the military superiors who ordered any searches for him would be most directly liable.

I would appreciate any intelligent input from legal minds.

Thank you.

No one is liable. Family members can not sue military commanders for orders they gave that may have cost lives. Any idiot knows that. But then you ARE a special kind of moron aren't you?

Well, could family members sue Bergdahl - either before or after his discharge?

No. It would violate the authority of chain of command. Military members & their families cannot sue the US Government while in uniform. Bergdahl was in uniform, so he is part of the Gov. The family members get the military life insurance policy amount, but that's it.

 

[Lakhota]

I've heard that the Bergdahls are Republicans/Conservatives. Gee, I wonder who the threats are coming from...

Bob Bergdahl Is A Republican. Surprise!

Bergdahl's Dad: Drone Killed Captor's Kid - The Daily Beast

 

[Quantum Windbag]

I've heard that the Bergdahls are Republicans/Conservatives. Gee, I wonder who the threats are coming from...

Bob Bergdahl Is A Republican. Surprise!

Bergdahl's Dad: Drone Killed Captor's Kid - The Daily Beast

You hear that their family is Republican? Why am I not surprised?

 

[Lakhota]

C_Clayton_Jones, where are you...?

 

[blackhawk]

The families might be able to sue him but why I don't know his or his families financial status but I highly doubt they have enough to make it worth the trouble. If he did desert and I had lost a family member who had to searching for him after that I would much rather see him dishonorably discharged and do prison time than get any money from him or his family.