[EAS] False Alert Lawsuit

[Ed Czarnecki]

Well, good luck with that.  Hawaii - as does most states - does not waive
immunity for any claim arising from an act or omission in the execution of a
statutory or discretionary duty.  The act of sending an emergency alert is a
discretionary duty (even if it's the wrong alert).  Not sending an
alert/cancellation is arguably an omission in a discretionary duty.  Both
would seem to be covered under qualified immunity.

But, these are strange times.

BTW, I just about had a heart attack when I saw my county water bill.  Can I
sue too?

-----Original Message-----
From: EAS [mailto:eas-bounces at radiolists.net] On Behalf Of Adrienne Abbott

This was bound to happen...
HONOLULU, OAHU (Ben Caxton) -- An Oahu man who suffered a heart attack when
the State of Hawai`i sent him a text message saying enemy missiles were
about to strike the island is suing the state. James Sean Shields was
heading to the beach with his girlfriend on the morning of January_13 with
(when) emergency workers sent the warning by mistake. According to Shields'