Here's an example of the incredible arrogance of the Office of the Attorney General:
During the 2/25/05 Circuit Court hearing, the judge stated loudly and clearly that the Tax Commissioner and the Virginia Department of Taxation were entitled to absolutely no immunity from claims for civil rights violations. Indeed, OAG's very own website contains this information:
oag.state.va.us
The Supreme Court of Virginia has also held that the doctrine of sovereign immunity will not serve as a defense for any governmental employee with respect to loss attributable to gross negligence, intentional wrongdoing, or acts performed outside the employee’s scope of employment.[18]
[fn. 18] See Fox v. Deese, 234 Va. 412, 423-24, 362 S.E.2d 699, 706 (1987); Messina, 228 Va. at 311, 321 S.E.2d at 662; Elder v. Holland, 208 Va. 15, 18-19, 155 S.E.2d 369, 372-73 (1967).
So, through their own website legal opinion they say there is no immunity, the Circuit Court admonishes them that there is no immunity - and what do they do? Well, they just filed a plea of sovereign immunity to the civil rights claims I filed pursuant to the judge's 3/17/05 written order. Apparently, the parties here who are showing "a marked disregard for the judiciary and the legal process" are in fact the Attorney General and her staff themselves, blithely ignoring their own legal opinions, and blatantly throwing aside and violating the bench ruling of a Chief Circuit Court Judge. I guess where I'm concerned they have decided that the law simply does not apply, they can do just whatever they like, whenever they like.
I'm looking forward to all of this coming out at trial. Now we see if they dig their hole any deeper than it already is. |
