just an update - scotts family is going to have to sue the gov't now. No money out of janklows pocket - the federal judge did indead rule that he was acting as a congressman when he killed scott.
"A federal judge ruled that Janklow was working as a congressman when he sped past a stop sign in a Cadillac at a rural South Dakota intersection and killed Scott, of Hardwick, Minnesota, in August 2003. The lawyer representing the Scott family in a wrongful death lawsuit against Janklow said recently that he won't challenge the ruling.
That means federal taxpayers would pay any monetary award the Scott family might get. The Scott family had wanted the case tried in state court so they could seek punitive damages as well as an award for wrongful death, but now will withdraw the suit against Janklow and file a claim against the federal government.
Janklow is protected under the Federal Tort Claims Act, which shields federal workers from negligence claims for actions that happen while they are working. "
full link
http://www.amadirectlink.com/news/2004/janklowdamages.asp