- Legal Expert News
- Law Firm News
- Career News
- Headline Legal News
- Legal Trend News
- Legal Business
- Local Court News
- Court Watch
- Legal Interview
- Topics in Legal News
- Press Release
- Politics & Legal
- Market News
- Constitutionality of murder conviction upheld by high court
- Supreme Court again refuses to hear Blagojevich appeal
- Clicking 'checkout' could cost more after Supreme Court case
- Supreme Court rejects anti-abortion pastor's appeal on noise
- Supreme Court hearing case about online sales tax collection
- Another key redistricting case goes in front of high court
- Court: Mexican family can't sue agent in cross-border death
- Supreme Court limits reach of tax crime statute
- Cambodian court denies opposition leader release on bail
- Martin Shkreli cries in court, is sentenced to 7 years for securities fraud
On Nov. 19, 2005, a roadside bomb detonated, killing a member of Wuterich's squad. Two dozen Iraqi civilians were killed in the ensuing fight. Iraqi witnesses said Marines slaughtered people in the street and in their homes to avenge their fallen comrade, Lance Cpl. Miguel Terrazas. Charges were brought against eight Marines, including four who were charged with murder. Many of the charges were later dropped.
In the wake of Haditha, Murtha gave a series of interviews to news outlets such as CNN and NPR. Wuterich said the congressman's statements "provide the impression, implicitly or explicitly, that SSgt. Wuterich and others deliberately murdered innocent Iraqi civilians in a cold-blooded massacre" and "inappropriately compared the tragic events of Haditha with the infamous war crimes and deliberate wide-spread massacre of civilians at My Lai in Vietnam."
Murtha invoked the Westfall Act, which extends absolute immunity to federal employees acting in the course of their official duties. He also pointed to the fact that the attorney general's office had certified that his statements fell within the scope of his duties.
But the district court refused to certify the action under the Westfall Act pending discovery.
The federal appeals court in Washington, D.C., vacated the order denying certification and remanded with instructions to substitute the United States for Murtha as the defendant.
Senior Judge Edwards found insufficient evidence that Murtha's actions clearly exceeded the scope of his employment.
Further, Edwards said the case should be dismissed, because "the United States has not waived its sovereign immunity for Wuterich's tort claims."
Legal News Media
Legal News is the top headline legal news provider for lawyers and legalprofessionals. Read law articles and breaking news from law firm's across the United States to get the latest updates. We reserve the right, at our discretion, to change, modify, add, or remove portions of the site at any time. Your This site is solely for your personal use. You are, of course, welcome to print or otherwise copy material from this site for your personal use. However, you may not distribute, exchange, modify, sell or transmit anything you copy from this Site, including but not limited to any text, images, audio and video, for any business, commercial or public purpose. Any unauthorized use of the text, images, audio and video may violate copyright laws, trademark laws, the laws of privacy and publicity and civil and criminal statutes.