An Overview Of Common Types Of Federal Litigation Defense
For defense in any federal litigation, turn to trusted professionals. Our team consists of attorney Robert Foley, a retired FBI special agent and attorney Desiree Wilson, a former federal prosecutor. In addition, there are several retired FBI Agent Attorneys whom have vast experience in Federal Court and are Of Counsel to our practice. Together, we have successfully defended clients at all stages and in all varieties of federal litigation, such as those summarized below.
Federal Torts, FTCA Defense And Appeals
Federal torts cases include lawsuits by private citizens against representatives of the U.S. government for alleged injuries or harm suffered by the private parties through negligence on the part of federal agents, employees or anyone acting on behalf of the federal government. Through the Federal Torts Claims Act (FTCA), you may be named in litigation brought by an allegedly wronged party.
In your defense, we may find that members of your agency are immune from liability in such cases, or that your position in a matter was not relevant to the legal claim. We can represent you in an initial claim or lawsuit, or in an appellate court.
Defense From Bivens Claims
You may be a federal agent in a government agency who has been named in a Bivens civil rights lawsuit. Keep in mind that you could be held personally liable for monetary damages payable to the plaintiff if the case prevails.
The accusations may be over allegations of:
- Unreasonable search and seizure
- Firing an employee in violation of their First Amendment (free speech) rights
- Deprivation medical care for an inmate
- Deprivation of someone’s due process rights
- Deprivation of other Constitutionally Recognized rights
Your defense might amount to a key fact, such as:
- That your alleged offense is exempt from litigation
- That members of your federal agency – such as U.S. Immigration and Customs Enforcement (ICE) or the Public Health Service – are immune from liability.
You may be vulnerable to litigation if you are a Federal Employee. Examples include 1811’s such as Special Agents (FBI, DEA, BATF, IRS, Homeland Security and their Agencies, or other officials. Even a congressman or congresswoman accused of wrongdoing is vulnerable.
To be fully informed and prepared for any such legal threats or to get your defense underway, consult with a defense attorney at Foley & Wilson Law Firm.
Title VII Defense And Appeals
As a supervisor responsible for maintaining a quality team in your federal agency, you may sometimes need to take disciplinary actions or prepare to dismiss a federal employee under your direction or have them moved to another unit. When the federal employee perceives these actions as negative or retaliatory, you may be named in a complaint or lawsuit.
At Foley & Wilson Law Firm, we are ready to defend you at any stage of such a case, from the rumor stage to a lawsuit or appeal.
Federal Individual Capacity Claims Defense And Appeals
Someone may have brought federal litigation that names you, a federally employed official, in your individual capacity – as opposed to your official capacity – as being responsible for harm done to them. A finding against you in your individual capacity can expose you to punitive damages that you – not just your federal agency – will need to pay. The plaintiff in such a case will have to prove malice on your part. In previous cases, malice has been defined as ill will, hatred or total disregard for others’ well-being.
If we defend you in such a case, we will scrutinize every detail of the allegations in pursuit of a personalized, effective defense. We can defend you in a lawsuit, bring an appeal or defend you in an appellate case with skill and confidence.
Federal Employee Sexual Misconduct Defense
Sexual misconduct covers a wide range of behaviors, including harassment, unwanted touching, exposure, publicly displayed sexual acts, forcing or coercing others to perform unwanted sex acts, and otherwise harming others for purposes of sexual gratification.
When a plaintiff alleges that a federal worker or someone under the responsibility of federal workers has harassed or assaulted them, civil litigation, as well as criminal charges, may arise. While the respective federal agency may provide legal assistance, the targeted person is well advised to get their own private legal counsel as soon as possible.
Have you been falsely accused of sexual misconduct? Sadly, it happens with high frequency. In some cases, there are less than reputable plaintiff’s law firms whose bills are paid by non-profit corporations to further a political agenda. These firms strategically identify and target current and former federal employees, seek to destroy your good name and reputation, and attempt to financially ruin you. Even when you have done nothing wrong.
These firms do not hesitate to file lawsuits without conducting the pre-suit, good-faith investigation which is required by Rule 11 of the Federal Rules of Civil Procedure – often proceeding on nothing more than an unsubstantiated, self-serving, and false accusation made by one individual.
Rule 11 of the Federal Rules of Civil Procedure requires all attorneys to conduct a reasonable inquiry of allegations before filing suit. This rule requires plaintiff’s attorneys to conduct sufficient investigation to have a good faith belief that their allegations have actual evidentiary support or will have such evidentiary support after the opportunity for further investigation and discovery. Sloppy Plaintiff’s firms often fail to conduct this required inquiry, and they can be subject to sanctions for failing to do so. If this is the case in your situation, we will hold them accountable.
Because these firms are not being paid by their client – but are instead being paid by non-profit organizations, they have every motivation to prolong the proceedings against you and continue feeding at the trough. They will do so even when all of the evidence points to your innocence. They do so because they are not interested in getting to the bottom of the truth or seeking justice. They are interested in furthering a political agenda so their pockets can continue to be lined by these non-profit organizations.
In other cases, false, malicious, scandalous, and salacious allegations are levied by a plaintiff with a personal agenda or a personal vendetta against you which has nothing to do with the allegations made against you. These plaintiffs do not care about the truth or justice. They proceed with the goal of destroying your reputation, ending your career, and/or lining their own pockets with the fruits of your hard work.
You need strong and seasoned advocates in your corner. Attorneys who appreciate that you have worked hard your entire life to build a strong reputation and to become a respected professional. You need attorneys to defend you against these baseless, malicious, and false accusations leveled against you. Attorneys who do care about the truth and justice and have both the experience and the power to bring it to light.
Our firm will stand between you and the self-serving plaintiffs and plaintiff law firms who unjustly and falsely accuse you of career-ending and reputation-damaging, salacious and scandalous allegations. When you are caught in the crosshairs, we react aggressively and effectively, employing our powerful arsenal of attorneys whose vast legal experience, decorated professional backgrounds, and unique investigative talents and tools put a shield between you and the false accusations leveled against you.