Search for: "Officer Westfall"
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17 Sep 2020, 1:16 am
The Volokh Conspiracy Blog has a piece dealing with the relevant legislation, the Westfall Act, and its application in other cases. [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 Feb 2020, 6:48 am
But in Hernandez, the petitioner foresaw this problem and petitioned the Supreme Court to consider a second question — if there is no Bivens liability, then, he asked: whether the Westfall Act violates the Due Process Clause of the Fifth Amendment insofar as it preempts state-law tort 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]
14 Aug 2019, 5:27 am
Because it only works for three groups of people: Westfalls, Hickmans and Kapnicks are the only ones getting money out of you guys. [read post]
23 May 2019, 7:12 am
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 tort 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]
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]
13 Apr 2018, 7:42 am
Here is the first of those blog posts, this one written by 3L Corey Westfall. [read post]
16 Feb 2018, 8:05 pm
In order to be considered for the First Offender Drug Program, a defendant must be approved by the Criminal District Attorney’s Office. [read post]
9 Jan 2018, 4:43 pm
" Westfall, id. at 837. [read post]
11 Dec 2017, 8:00 am
The Federal Employees Reform and Tort Compensation Act of 1988, or the “Westfall Act,” 28 U.S.C. [read post]
11 Dec 2017, 8:00 am
The Federal Employees Reform and Tort Compensation Act of 1988, or the “Westfall Act,” 28 U.S.C. [read post]
20 Jun 2017, 12:59 pm
See Westfall v. [read post]
21 May 2017, 10:41 am
When the federal officer was acting within the scope of employment, the Westfall Act simultaneously substitutes the United States as the only defendant and immunizes the officer from personal liability. 28 U.S.C. [read post]
17 May 2017, 1:45 pm
§ 1983 (which provides a cause of action for violations of federal law by state officers). [read post]
17 May 2017, 7:48 am
§ 1983 (which provides a cause of action for violations of federal law by state officers). [read post]
29 Mar 2017, 9:22 pm
The Road Not Taken by Greg Westfall from Flickr (Creative Commons License) Lately, I’ve felt like a typical lawyer: I get up; I go to the office; I do client work; I go home; I wake up the next day and do it all again. [read post]
13 Feb 2017, 9:38 am
The suspect drew a pistol and fired at a K-9 officer and 3 officers returned fire. [read post]
9 Jan 2017, 2:37 pm
Clarke had been a police officer instead of a casino limo driver, the analogy would have been perfect for tribal interests. [read post]
28 Dec 2016, 8:48 am
”); App. 93a (“Quite plainly, even though Agent Mesa is an immigration law enforcement officer, . . . this is not an immigration case. [read post]
27 Dec 2016, 10:59 am
But after extensive investigation, U.S. criminal justice authorities declined to bring charges against the officer. [read post]
