Should the Federal Government be liable for Anthrax mailings?

 

Over the past few weeks, evidence has come out that pointed the finger directly at a former government scientist as being responsible for the 2001 anthrax attacks. Further, evidence has also come out that this scientist may have been mentally disturbed. According to the Justice Department, the scientist suffered from serious mental and emotional problems during his tenure. That employee’s psychological state may raise serious questions about whether the Federal Government properly monitors its employees with access hazardous materials. 

 

USA Today 8/11/08

 

Any suit against the Federal Government will likely be fought with several defenses such as notice of the danger of this employee, proper notice under Federal Government Tort Claims Act, and statute of limitations. 

 

Undoubtedly, suits will be brought against the Federal Government for this tragedy. The plaintiffs will have an uphill battle in proving that the Federal Government either was on notice or should have known about the mental state of this employee, and could have stopped the mailings. It will be interesting to see what other evidence is released regarding this scientist and the governments’ knowledge of his mental instability. Should the Federal Government be held responsible for the unpredictable intentional acts of one of its employees?