Blogger settles suit with Defense Department
Published Sept. 15, 2009
UNIVERSITY OF CALIFORNIA-BERKELEY -- Jane Stillwater, 67, grandmother, traveler, and UC Berkeley alumnus, is definitely a trendsetter.
She began blogging back in 2000, before most bloggers today took to the web.
"I became a blogger overnight because I was so incredibly angry when George Bush stole the 2000 election," Stillwater said. "There weren't that many of us - I expected the FBI to come to my door any second."
Despite her age, Stillwater has spent her time traveling from country to country, including North Korea and Iran. In particular, she focuses on military operations in Iraq and Afghanistan.
That was how she entered into a yearlong legal debate with the U.S. Department of Defense.
Stillwater applied to embed with the U.S. Army in Iraq on Jan. 18, 2008. After her request was granted, she purchased a non-refundable airplane ticket to Kuwait, from where she would then be escorted to Iraq.
Shortly after she purchased her ticket, however, Army officials informed Stillwater that her embed mission was cancelled, citing numerous reasons.
"They said I couldn't go over there because it was a battlefield," she said. "But why would I want to go if it wasn't a battlefield? Then they said I didn't have a large enough readership, and I said that thousands of people read my blog."
Stillwater appealed the Army's decision, and on Feb. 12, 2008, she flew to Kuwait.
"Her embed appeal was still pending, giving her the impression that her embed might still be granted," a case management statement said.
Upon landing, Stillwater learned that her embed request had been denied. She spent two days in the airport's Starbucks until the U.S. Embassy was able to arrange a flight home.
Stillwater decided to sue the Department of Defense for $1,780 - the cost of the airplane ticket, 15 mocha lattes at the airport Starbucks and the pain and inconvenience she experienced while waiting - in Alameda County's small claims court.
On Dec. 31, the United States Attorney's Office informed Stillwater that her lawsuit could only be heard in federal court.
"It could cost you up to $100,000 in legal fees," she said. "I was suing them for $1,780, so they dragged me kicking and screaming to federal court. I thought, as long as I'm here, I might as well relax and enjoy it."
Stillwater then increased the amount of her lawsuit to $7,500, the maximum amount allowed for alleged malicious persecution.
Before the lawsuit went to court, however, Stillwater entered into negotiations with the Department of Justice, which was representing the Department of Defense.
"I made some offers, they made some offers and we came up with a resolution we were all happy with," she said.
After deciding on a reimbursement for the cost of Stillwater's original airplane ticket-a total of $1362.15-the order to dismiss was signed on Aug. 19.
However, the settlement was not viewed as an admission of wrongdoing by the U.S. government.
"This ... compromise settlement shall not constitute an admission of liability or fault on the part of the United States, its agencies ... or employees, and is entered into by the parties for the purpose of compromising disputed claims and avoiding the expenses and risks of litigation," the official settlement said.
Meanwhile, Stillwater reapplied for another embed mission in April, but her request was denied once again because her lawsuit was still pending.
"I don't know if I'll be able to re-embed or not, if this has screwed up my chances or not," she said. "But I think I'm going to have to go back to Iraq and Afghanistan to find out what's going on because it's pretty much a swamp right now."
Stillwater has more trips planned for the remainder of the year in an effort to create new content for her blog followers.
"The last trip I'm going on is Antarctica in December," she said. "It's beautiful, silent and white, and it may be the last chance to get there before it freaking melts."
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