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Court Throws Out Case of Mistaken Military Death

Photo of Joan Najbar and the letter that mistakenly said her son had died in Iraq. Photo courtesy of the Boston Globe.

Social worker Joan Najbar, MSW, LICSW, sued the United States when a letter she sent her son serving in Iraq in 2006 was returned and marked “deceased.”

According to this article in the Star-Tribune in Minneapolis-St. Paul, U.S. District Judge Patrick Schiltz recently threw out the case, saying he had no jurisdication to rule on this controversial matter. Najbar had also sought $118,000 in damages from the U.S. Postal Service but was twice denied.

“This happened while he was.. being shot at in Baghdad. That’s not OK…not to even say oops or sorry,” Najbar said.

Q: Should Najbar continue her legal battle or let the matter drop?

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1 Comment

  1. Give it up. (Stuff) happens. Even really tragic (stuff) happens. People have really upsetting stuff happen, and sometimes it’s someone else’s fault, but I don’t know that someone should be sued just because it’s their fault. I can’t imagine being sued for all the stuff I’ve done wrong in my ilfe. And when you have a job with a lot of responsibility, like deciding if mail is deliverable or if the person is deceased, you still mess up. It’s just what happens.

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