7 hours ago, Retreadfed said:

Neil, of course anyone can be sued by someone else at any time.  However, as I am sure you know, that does not mean that the suit is proper.  If a government employee is sued for an alleged tort done in his/her official capacity, the government can step in and file a motion to have the government substituted as the defendant.  In that case, the provisions of the Federal Tort Claims Act come into play.  Further, it would be the government who asserts the incompetence of the employee as part of its defense if it gets that far.

...and the government may not step in, claiming that the individual's conduct was so egregious as to have been out of scope to acting in an official capacity.

8 hours ago, Retreadfed said:

However, as I am sure you know, that does not mean that the suit is proper.

...and I am sure you know that filing a suit does not mean it is improper.

On 11/17/2023 at 2:13 PM, Retreadfed said:

Not so fast my friend.  When I worked for the government, I successfully used government incompetence as a defense against various complaints in administrative proceedings.

The situation here would be the government employee, under oath, in a court trial, admits he or she was incompetent or inexperienced, despite the fact that he or she took this specific job. That doesn't seem like that is what you are specifically talking about. 

Edited November 21, 20232 yr by Neil Roberts
add "she"

21 hours ago, Neil Roberts said:

Some individuals, governments and companies become reasonable about negotiating and discussing disputes only after they are sued.

Amen or a claim is filed.  These things tend to focus the mind.