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U.S. Supreme Court Hears Arguments on Immunity of Prisoner Officers

WASHINGTON, D.C. - (Mealey's) Section 26809(h) of 28 U.S. Code clearly provides a waiver of sovereign immunity and "extends the waiver to any claim for one of the six enumerated torts committed by a Federal investigative or law enforcement officer acting within the scope of his or her employment...

Supreme Court Hears Arguments On Immunity Of Correctional Officers

WASHINGTON, D.C. - (Mealey's) Section 26809(h) of 28 U.S. Code clearly provides a waiver of sovereign immunity and "extends the waiver to any claim for one of the six enumerated torts committed by a Federal investigative or law enforcement officer acting within the scope of his or her employment...

FTCA Bars Defamation Claims Against Federal Government

If you work for the federal government and a co-worker spreads false and malicious rumors about you that damage your reputation, it will be very difficult to pursue a claim for libel or slander against the individual in question. The recent Maryland case of Shake v. Gividen [ an enhanced version...

U.S. High Court: Prison Officers Not Immune from Assault Claims

WASHINGTON, D.C. - (Mealey's) The Federal Tort Claims Act (FTCA) waives sovereign immunity for law enforcement officers' acts where a claim arises out of one of six intentional torts where an officer is "acting within the scope of his office or employment," a unanimous U.S. Supreme...

U.S. High Court: Prison Officers Not Immune From Assault Claims

WASHINGTON, D.C. - (Mealey's) The Federal Tort Claims Act (FTCA) waives sovereign immunity for law enforcement officers' acts where a claim arises out of one of six intentional torts where an officer is "acting within the scope of his office or employment," a unanimous U.S. Supreme...

Fourth Circuit Considers Immunity Issues in Discrimination Suit

by Allison B. Williams Recently, in the matter of McCray v. Maryland Dept. of Transportation [ an enhanced version of this opinion is available to lexis.com subscribers ], the Fourth Circuit had the opportunity to consider whether sovereign immunity or legislative immunity applied to a discrimination...

Federal Court Limits Tribe’s, Secretary’s Options When State Balks at Gaming Compact

by Christine Swanick and Wilda Wahpepah A federal district court in New Mexico has issued a decision finding that the U.S. Department of the Interior’s regulations permitting the Secretary of the Interior to adopt Class III gaming procedures for a tribe lacking a Tribal-State Compact are invalid...

Potential Liability of Governments for Failure to Prepare for Climate Change

As governments turn a blind eye to the accumulating risks of climate change, do they expose themselves to potential legal liability? A new working paper by former Sabin Center fellow Jennifer Klein explores three possible legal claims against state and local governments for their failure to prepare for...