Diver missing at Ginnie?

[PfcAJ]

“And will be posted”

Yea right

 

[Trace Malinowski]

“And will be posted”

Yea right

Clearly something that needs to be addressed and done or the standards need to be changed.

 

[cerich]

TBH, I haven't read the IUCRR manual since 2007 when I joined after taking the NSS-CDS Cave Recovery course with Lamar Hires and John Jones at Peacock where we also did the IUCRR course as part of that training, but the current version (2016) states the following:

Security of the Complete IUCRR Incident Report

There is however no legal confidentiality as no lawyer client relationship exists.

 

[DeepSea]

I'm a volunteer RRSOM/Diver with the IUCRR, and there are no backroom discussions within the organization either of which I am aware. The reports are supposed to be "just the facts" in a way "Dragnet" would be proud.

It has been my experience, after being a recovery diver, being onsite during recoveries, handling decedents, writing reports, etc under the auspices of the IUCRR that some elements of reports are left out so as to avoid subjective information (narratives, etc.)

 

[DeepSea]

I believe the fear of lawsuits is overblown.

10 Think wrongful death for property owners
20 Read the first amendment to the US Consitution
30 Goto 10

 

[Manatee Diver]

10 Think wrongful death for property owners
20 Read the first amendment to the US Consitution
30 Goto 10

It is quite clear that I am talking about from IUCRR's perspective, not from the property owner in that post. Because we are talking about the IUCRR not releasing the reports due to the threat of lawsuits.

And is the property owner really protected by not releasing the factual IUCRR report? The answer is a clear no. IUCRR would be required to respond to a subpoena to provide any and all material related to the recovery including the names of all involved, any additional notes, and comments. And any people involved can be deposed and be required to testify. The reason it hasn't happened recently is because these days the deaths are almost always trained cave divers, who understood the risks and willingly undertake them.

Finally the first amendment only protects you from government action. I'm not quite sure where you are going with that. If you are talking about defamation law, the first amendment doesn't protect your from that, as defamation only applies between private parties.

PS: Writing your post in basic script is childish.

 

[DeepSea]

It is quite clear that I am talking about from IUCRR's perspective, not from the property owner in that post. Because we are talking about the IUCRR not releasing the reports due to the threat of lawsuits.

And is the property owner really protected by not releasing the factual IUCRR report? The answer is a clear no. IUCRR would be required to respond to a subpoena to provide any and all material related to the recovery including the names of all involved, any additional notes, and comments. And any people involved can be deposed and be required to testify. The reason it hasn't happened recently is because these days the deaths are almost always trained cave divers, who understood the risks and willingly undertake them.

Finally the first amendment only protects you from government action. I'm not quite sure where you are going with that. If you are talking about defamation law, the first amendment doesn't protect your from that, as defamation only applies between private parties.

PS: Writing your post in basic script is childish.

if !(bHumor) {
break;
}

 

[Manatee Diver]

if !(bHumor) {
break;
}

I supposed moving forward from C is better. But if that was humor I don't really see it.

 

[DeepSea]

I supposed moving forward from C is better. But if that was humor I don't really see it.

I can throw in a pointer to bHumor and call it C++

I was involved (beginning to end) in the very long (torturous?) proceedings regarding Joe and Yessic's death at Wayne's World. There is nothing that prevents individuals from filing any lawsuit (redress) they want (that freedom can not be abridged) and that was never more apparent than that experience.

 

[Manatee Diver]

I was involved (beginning to end) in the very long (torturous?) proceedings regarding Joe and Yessic's death at Wayne's World. There is nothing that prevents individuals from filing any lawsuit (redress) they want (that freedom can not be abridged) and that was never more apparent than that experience.

I'm not a constitutional law scholar, but I don't think that the Right to Petition in the First Amendment is what allows civil suits. Civil suits is more from common law, as noted by the Seventh Amendment under the Right of Jury Trail.

But was the IUCRR a defendant in the Wayne's World suit? I was told that the NSS-CDS was the defendant because they managed access to that site. Going on that, how would have keeping the report secret have prevented the IUCRR from being involved in the case?