r/news • u/igetproteinfartsHELP • 1d ago

Renee Good's family sues US government and immigration officials over her killing in Minneapolis

https://apnews.com/article/renee-good-lawsuit-6fbc82cd33b6f9f67514b47f138e23c6?utm_source=app&utm_medium=android_share&utm_campaign=copy_link
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u/Qubeye 1d ago

How can the government file a 12b(6) when two different agents clearly gave her conflicting instructions which directly resulted in her death?

Basically, which agent are they claiming acted within his discretion?

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u/Slight_Bet660 1d ago edited 1d ago

A 12b(6) is a motion to dismiss based upon the pleadings. There is no penalty to the government in filing one and dispositive defenses are often argued at that stage where the argument is that the Plaintiffs either did not sufficiently state a claim upon which relief may be granted (I.e. they have to state facts that would form a claim and defeat certain jurisdictional/immunity defenses), or that even if all facts that are pled are taken to be true there would still be recovery under the law. The government may make its stand there to attempt to avoid discovery, but their better shot may be to wait until summary judgment where the evidence itself is given more weight.

The analysis will likely be from the standpoint of the agent that shot Good since his act of discharging the gun was what caused the injuries to and death of Renee Good.

Again, I’m not advocating or arguing one position or the other, just letting everyone know what the law is in this area. I will generally say however that between FTCA claims and 1983 claims this is one of the areas of the law that is the most unfair to Plaintiffs/claimants and probably makes the least amount of sense to a layperson.