Can You Successfully Sue a Federal LEO?
You are absolutely immune from suit for common law torts while acting within the scope of your employment.
Unfortunately, all too often, this is all some federal LEOs hear and tune out everything else an agency attorney, a fellow employee, or an insurance agent has to say about liability exposure and the need for professional liability insurance (PLI). If you are one of those people, know this:
You can be sued.
DOJ can deny representation.
You can be held liable for a judgement.
It is for these reasons that PLI was made available to you, and the reason Congress mandated agencies to reimburse you for up to half the cost.
Want to know more? Call FEDS at 866.955.FEDS. The President is a former federal law enforcement attorney and will be happy to talk to you.
He may tell you that the most successful suits involving federal LEOs result from an alleged violation under the Fourth Amendment claiming an unlawful search or seizure or some other constitutional tort (i.e., 1st, 5th or 8th Amendment violations) arising out of an enforcement action.
He may tell you that the name of the game these days is accountability.
He may tell you that nothing is worse than a federal LEO realizing that an exemplary record of performance and achievement doesn’t count for as much as he or she thought when an incident involves political agendas, negative public impact, media sensation, security breach, injury, death or terrorism vulnerability.
He may tell you that administrative investigations resulting from any of the above are also covered under PLI.
He may tell you that $145, after agency reimbursement, is all it costs to protect yourself and all that you’ve worked so hard for.
FEDS provides professional liability insurance for the entire federal law enforcement community. For information on your specific exposures, how professional liability insurance protects, or how the FEDS program differs from other insurance programs, visit us on the web at fedsprotection.com and choose the position or agency that best describes your job and professional responsibilities.
Posted in The Spotlight