On the subject of the AHJs employer incurring liability I suspect that is unlikely. When I took my four semesters of fire service law the inspectors acting for local government had the same immunity that the state itself had as long as they were acting in good faith. Has that changed completely in the intervening years. The case we had to study involved a fire inspector ordering the installation of guards over the drying lamps in a auto body paint booth. The result of which was several ruined paint jobs. When the shop owner tried to sue the municipality the case hinged on the inspector being cloaked with his sovereign's immunity as long as he had acted in good faith. The ruling survived that states supreme court and there being no federal question it was considered to be settled law unless some other state supreme court found differently on those same facts. That decision is still taught to new fire marshals in order to impress upon them the need to act as a scrupulously neutral party when responding to public complaints. Taking sides in disputes between citizens can lead a court to conclude you acted in bad faith and are therefor not immune from civil liability.

[This message has been edited by tdhorne (edited 02-09-2007).]


Tom Horne

"This alternating current stuff is just a fad. It is much too dangerous for general use" Thomas Alva Edison