Thursday, 4:30 PM
Government seeks to dismiss Guard members' suit
By Shelley Murphy, Globe Staff
Government lawyers argued today that a federal judge doesn't have the authority to consider a lawsuit filed on behalf of Massachusetts National Guardsmen who were denied reimbursement for expenses they paid out of their own pockets while protecting sites around the state following the Sept. 11, 2001 terrorist attacks.
US District Judge Richard G. Stearns said he'll take the government's motion to dismiss the lawsuit under advisement. Lawyers for the federal and state government claim the soldiers' claims should be handled administratively by the Guard and an Army review board.
John Shek, a lawyer representing the Guard members, said the government owes an estimated $73 million to hundreds of soldiers and has repeatedly refused to reimburse them for meals, lodging, and commuting expenses, despite regulations that say they are entitled to the money. The lawsuit, filed in January, was apparently the first claim of its kind in the country.
One of the four Guard members who sued, Louis P. Tortorella, was owed $57,426 -- including $14,600 in out-of-pocket expenses -- when he died in March of a massive heart attack, leaving his home on the verge of foreclosure, according to an affidavit filed in US District Court.
