Search for: "Officer Westfall"
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13 Apr 2012, 12:45 am
Although this view of Bivens was generally shared by both its supporters and detractors when it was decided, it has receded from view largely thanks to the Westfall Act, which most courts and commentators today read as preempting all state-law tort claims against federal officers acting within the scope of their employment. [read post]
23 Mar 2023, 10:00 am
In considering whether the President is a federal employee for purposes of the Westfall Act in the Carroll v. [read post]
6 Oct 2011, 1:45 am
Idaho State PoliceRegional Communication Center - North615 W Wilbur Coeur d'Alene, Idaho 83815(208) 209-8620 FAX: (208) 209-8619CASE # C2246PRESS RELEASEDATE: 10/05/11 TIME: 7:53pm LOCATION: Westbound I90 @50.3 Kellogg INVESTIGATING OFFICER: Tpr Donahue ASSISTING OFFICERS/AGENCIES: Tpr BranchVEHICLE #1: DRIVER: Westfall, John A AGE: 67 ADDRESS: Smelterville INJURIES: YesHOSPITAL/LOCATION TAKEN: None YEAR: 1991 MAKE: Chevrolet STYLE: C15… [read post]
13 Sep 2020, 10:35 am
And the Westfall Act also makes the Justice Department's duty nondiscretionary: "The Attorney General shall defend" any case arising from conduct "within the scope of [a government official's or employee's] office or employment. [read post]
27 Oct 2006, 7:23 am
Haley (05-593) before the Supreme Court:FEDERAL EMPLOYEE LIABILITY, FEDERAL JURISDICTION, REMOVAL, REMAND, FEDERAL TORTS CLAIM ACT, GENERAL FEDERAL OFFICER REMOVAL STATUTE, GENERAL REMAND STATUTE, WESTFALL ACT, SCOPE-OF-EMPLOYMENT CERTIFICATIONOsborn v. [read post]
28 Sep 2022, 4:00 am
When an officer or employee [Employee] of the federal government is sued for alleged tortious conduct, the Employee is generally entitled to absolute immunity from personal liability under the Federal Employees Liability Reform and Tort Compensation Act of 1988 [the “Westfall Act]. [read post]
28 Sep 2022, 4:00 am
When an officer or employee [Employee] of the federal government is sued for alleged tortious conduct, the Employee is generally entitled to absolute immunity from personal liability under the Federal Employees Liability Reform and Tort Compensation Act of 1988 [the “Westfall Act]. [read post]
21 Nov 2011, 7:07 pm
They include Lou Weir, former board chairman; and former board members Rod Parr, Larry Westfall, Richard Christopherson, Jim Lamb, Brian McLellan, Dean Reynolds, Donald Tucker and Donald Cox. [read post]
18 Apr 2007, 5:30 am
"Historically, when the state needs to balance the budget, they do it through the public defender's office," said Commissioner Bill Theisen.The state has allocated a flat $30 million for the next two years for county defenders' offices statewide, but the local cost of the office keeps increasing because more people are qualifying to have a public defender and the office has to divide the money up over finite resources, said Mike… [read post]
13 Jul 2023, 12:25 pm
Reclaiming the “subject matter” limits on the scope of preclusion through a close reading of the statute, we show that the Westfall Act preserves the right of victims to sue individual officers as tortfeasors. [read post]
21 Jun 2021, 1:04 pm
In Westfall v. [read post]
26 May 2021, 6:30 am
Common law damages suits against federal officers are said to have remained routinely available until after Bivens was decided when, in the 1988 Westfall Act, Congress barred state-law tort suits against federal officers acting within the scope of their employment.Through case studies of litigation against federal officers involved in customs enforcement and maritime seizures, this Essay qualifies and revises these claims. [read post]
19 Oct 2009, 5:19 am
Rochester and Monroe County, New York records can be obtained from the Monroe County Office of Vital records at 111 Westfall Rd., Rm. 147, P.O. [read post]
22 Nov 2011, 4:44 pm
Beside the former Westsound leaders’ personal assets, the $15 million would come from directors’ and officers’ liability insurance. [read post]
6 Dec 2023, 2:45 am
Why Amazon Wants Its Employees Back In-Office “Collaborating and inventing is easier and more effective when we’re in person,” CEO Andy Jassy wrote in an internal memo, as reported by Chris Westfall in an article for Forbes. [read post]
18 Mar 2021, 12:19 pm
Moschetti alleges that the state Inspector General Michael Westfall “put her on ‘pre-disciplinary leave’ on March 5 after she reported misconduct claims against him, the governor’s office and the attorney general’s office,” the article states. [read post]
27 Apr 2012, 7:23 am
Attorneys and probation officers were initially skeptical about being called into court for every minor probation violation, but the volume of work per offender has decreased over time. [read post]
15 Jul 2023, 6:00 am
Reclaiming the “subject matter” limits on the scope of preclusion through a close reading of the statute, we show that the Westfall Act preserves the right of victims to sue individual officers as tortfeasors. [read post]
2 Jul 2018, 3:17 pm
Six Unknown Named Agents of the Federal Bureau of Narcotics; and (2) whether, if the federal courts do not recognize such a claim, the Westfall Act violates the due process clause of the Fifth Amendment insofar as it pre-empts state-law torts suits for damages against rogue federal law enforcement officers acting within the scope of their employment for which there is no alternative legal remedy. [read post]
15 Sep 2013, 9:33 pm
In what has come to be known as the Westfall Act, Congress made liability under the FTCA against the United States the exclusive remedy for torts committed by “any employee of the government while acting within the scope of his office or employment. [read post]
