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)
thanks!!!
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..)