Fort Myers Federal Lawsuit Defense Lawyer
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.
Know What To Expect If You Are The Target Of Federal Civil Or Criminal Litigation
Being accused through federal litigation can take many forms, depending on what type of litigation it is, such as:
- An accusation by a federal agency that is your employer
- A lawsuit against you brought in a federal court
- Criminal charges against you or accusations that may lead to an indictment
Without exception, the most important response you can make in any such case is to get your own legal counsel right away and not submit to questioning by investigators before you have an attorney to advise you. Foley & Wilson Law Firm is here for you. Our defense attorneys are of the caliber you should be looking for to give yourself strong advantages in your defense.
If Your Employer, A Federal Agency, Accuses You Of Wrongdoing
First, be aware that your job, livelihood and reputation may be on the line.
At the same time, do not forget that you have rights. One challenging aspect of this situation is that, according to the rules issued by the Merit Systems Protection Board (MSPB), your supervisor or employing agency does not have to label the wrongdoing that they accuse you of, such as fraud. They can use a narrative to imply that offense, instead.
With just a vague narrative to work with in the beginning, a knowledgeable, experienced defense attorney may be able to prevent the labeling that could damage your position significantly. If the narrative does name the alleged offense explicitly, your lawyer will have the opportunity to help you prepare to file a complaint or bring a lawsuit alleging defamation of character.
Your attorney may also look for evidence of wrongdoing in the accusation by your federal employer, such as:
- Is the accusation a form of illegal retaliation for whistleblowing you may have done?
- Does the accusation contain any false statements? Is it based on deception?
- Is the accusation discriminatory?
- Does the accusation threaten your job preference as a veteran?
- Is the accusation an attempt to get you to step aside so as to give your position to someone else, possibly involving nepotism?
- Did the situation leading to the accusation involve an attempt to coerce you to take part in political activity?
- Does the accusation go against the existing merit system?
If any of the questions above are answered with “yes,” your attorney might help you turn to the U.S. Office of Special Counsel. This office investigates and prosecutes allegations of prohibited personnel practices. Your employer might end up in trouble instead of you.
If A Lawsuit Is Brought Against You In Federal Court
Being targeted by litigation in federal court is a serious matter. You should certainly seek out a qualified defense attorney as soon as you can. A lengthy investigation may have taken place before the lawsuit became official. If you are under investigation, get the most experienced, aggressive defense attorney on your side that you can find. Do not discuss your case with anyone else.
If you lose the case, you may owe very high fines and may suffer other types of penalties, too. Your defense lawyer will likely look for reasons to appeal if the penalties seem out of line with the allegations.
If You Have Been Charged With A Federal Crime
You have constitutional rights after being charged with a federal crime, but you will have to act promptly and aggressively to protect those rights as fully as you can. Federal prosecutors will typically work hard to get you convicted, and they have many resources at their disposal. Your need for a skilled defense attorney is critical.
Steps in your federal criminal case may include an investigation, charges, an arrest, arraignment, discovery, a preliminary hearing, pretrial motions, a trial, sentencing and an appeal if justified. If you are convicted, you could owe high fines, serve prison time, and be required to pay restitution that could take you years to pay back, if you even can.
One defense strategy that your defense lawyer may use is to try to get your case moved to a lower court, such as a state court, instead. This could be accomplished by demonstrating that the severity of the alleged crime – such as the amount of illegal drugs involved in a drug trafficking case – is not high enough to warrant federal charges.
Federal Lawsuit Defense FAQ
Bring your questions such as the following about federal litigation defense to Foley & Wilson Law Firm. We look forward to providing personalized answers that are relevant to your case.
1. What is the Federal Tort Claims Act (FTCA)?
The tort system allows people who have been wronged to pursue compensation from those who have harmed them unjustly, while also deterring future such actions. The FTCA was passed by Congress in 1946 as a way for people who have been harmed through actions of the federal government and its employees to file lawsuits against the federal government for the torts of its employees.
2. Who can bring legal action against whom in federal lawsuits?
Individuals who allegedly suffered harm through the actions of a U.S. employee, or someone acting on behalf of a federal agency, can bring legal action against the respective government agency.
Some employees are protected from personal liability, but not all. Also, nonemployees do not have that protection. Anyone named in FTCA-related litigation should seek legal advice right away.
The Torts Division of the Civil Division, U.S. Department of Justice responds to thousands of lawsuits each year related to actions by federal agencies and their employees or others associated with federal programs, policies, laws, operations, law enforcement initiatives, military actions, and counterterrorism efforts in the U.S. and abroad.
The U.S. government can also bring lawsuits as a plaintiff against individuals or businesses that have allegedly violated regulations, failed to pay proper taxes or committed other offenses. Through such litigation, the federal government often seeks to recoup money lost through fraud, loan defaults and the abuse of federal funds.
3. What are some well-known examples of federal lawsuits under the FTCA?
Many people who claimed they were wrongfully detained on immigration charges or mistreated in detention after the September 11, 2001, terrorist attacks brought litigation against the U.S. government and some of its employees.
A few years later, many people harmed by flooding that accompanied Hurricane Katrina in 2005 brought claims against the U.S. because of alleged flawed and outdated practices of the Army Corps of Engineers and some of its employees.
These cases had notoriety because of the large numbers of people involved and the high-dollar alleged damages, but smaller FTCA cases are filed regularly against various government agencies.
4. Can federal agencies and their employees be sued for violating people’s constitutional and civil rights?
In many cases, yes. Individuals can sue federal officials for violating their constitutional rights, according to the Supreme Court case known as Bivens v. Six Unknown Named Agents. However, some agencies and employees are exempt from liability.
5. What department of the federal government handles the defense of federal lawsuits?
The Federal Tort Claims Act Litigation Section (FTCA Section of The Torts Branch of the U.S. Department of Justice) defends the United States in many types of civil and criminal litigation, including lawsuits against agencies as well as their employees.
6. Do plaintiffs have to try to get relief through administrative complaints first, before filing a federal lawsuit?
If there are available administrative methods for resolving disputes, plaintiffs must first exhaust those remedies before bringing lawsuits against the U.S. government or its employees. For example, someone who has allegedly experienced workplace discrimination or retaliation must first report the offenses to the Equal Employment Opportunity Commission (EEOC) before bringing a Title VII lawsuit in a federal court.
7. Do federal agencies defend their employees who have been sued under the FTCA?
Although those agencies may defend their targeted employees along with the agencies themselves, it is highly recommended that a targeted federal employee or official also get their own lawyer, who will have no constraints, biases or conflicts of interest.
Schedule A Case Review With No Further Obligation
Call Foley & Wilson Law Firm at 239-690-6080 or send an email inquiry for a prompt response. Get your defense strategy underway without delay.
