Free Republic
Browse · Search
General/Chat
Topics · Post Article

To: bitt
one way or another..immune...see Wuterich v. Murtha (Haditha Marines)... it started as a speech and debate suit, but they had to jump through hoops to switch to Westfall Act to do it....see Wuterich v. Murtha. Murtha was removed from the suit and the U.S.A. was substituted

In 2009, the U.S. Court of Appeals for the District of Columbia ruled in Murtha’s favor, accepting his argument that he was acting in an official capacity, concluding that he was immune from suit, and ordering dismissal of the case for lack of subject-matter jurisdiction. This decision was based not on the Speech or Debate Clause of the Constitution, but on the Westfall Act, a federal statute that “accords federal employees absolute immunity from common-law tort claims arising out of acts they undertake in the course of their official duties.

Westfall Act

The Westfall Act's core purpose — to relieve covered employees from the cost and effort of defending the lawsuit and to place those burdens on the Government

also Sharratt v Murtha (same type of suit - another Haditha Marine)

1,208 posted on 12/15/2019 8:17:47 PM PST by stylin19a ((2016 - Best.Election.Of.All.Times.Ever.In.The.History.Of.Ever))
[ Post Reply | Private Reply | To 1199 | View Replies ]


To: stylin19a

thanks!!!


1,228 posted on 12/15/2019 9:12:53 PM PST by bitt (When the law enforcers turn out to be the law breakers, then we have totally upended the rule of law)
[ Post Reply | Private Reply | To 1208 | View Replies ]

To: stylin19a

Somewhere, it says one state cannot discard one of the Amendments? Seems this situation is as clear as day...(That’s as far as I can go, lol..)


1,234 posted on 12/15/2019 9:23:17 PM PST by bitt (When the law enforcers turn out to be the law breakers, then we have totally upended the rule of law)
[ Post Reply | Private Reply | To 1208 | View Replies ]

Free Republic
Browse · Search
General/Chat
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson