MESSAGE FROM A FOLLOWER WITH EXPERTISE IN FEDERAL IMMUNITY (Shared with permission)
“At our firm, we are especially fond of the caveat “outside the course and scope of [their] employment.” Because we represent state agencies with law enforcement/correctional officer components in alleged excessive use of force claims, usually under § 1983, qualified immunity is indeed “a thing.” Yet it has been easy enough to pierce qualified immunity, courtesy of fixed-wing videos, hand-held videos, and witness statements. I see a lot of work ahead against ICE, but I also see plentiful opportunities to prevail.”
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6 comments
Carol Gilbert
JMO what court is going to find that ramming cars on a public street in hopes than an occupant may be in the country illegally is within the scope of their employment? Arrresting protesters because of the mere fact they are protesting? What will do them in is the facts. What was the name of the person you were attempting to arrest when you rammed the car? Dunno. Did you attempt to pull over the driver before running them off the road? We can’t always… Does your training instruct you to aim into a person’s eyes or mouth at close range when using a chemical irritant? I wasn’t trained in that. Why did you call the human being you shot “a fucking bitch” as you walked away after shooting her? Does working for DHS give you authority to control traffic in the absence of an active arrest? Where does DHS policy state you have authority to use a ram to enter people’s homes without permission in the absence of a judicial warrant?
Gustavo Flores
That text also appears in the government Lawyers Ethics Manual, by the ARIZONA PROSECUTING ATTORNEYS’ ADVISORY COUNCIL
“In some circumstances, the government organization may determine that the employee is suspected of having acted in a criminal manner outside the course and scope of employment, which not only manifests a conflict of interest but may also negate the obligation to provide the employee with representation in the lawsuit.”
Mary Matthews Rigney
Thank you for the encouragement in this area. We are fighting misinformation with those that are knowledgeable and that is the difference. Truth and facts matter when playing against these dirty tricks.
Sharon Kotchetovsky
Thanks for the boost!
Artemis Elias
That’s such good news!
Mark Hendy
Now this is very heartening
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