Immunity of federal employees from suit (Westfall Act Immunity) - Osborn v. Haley, 549 U.S. 225 (2007)

The federal statute commonly known as the Westfall Act accords federal employees absolute immunity from tort claims arising out of acts undertaken in the course of their official duties, 28 U. S. C. §2679(b)(1), and empowers the Attorney General to certify that a federal employee sued for wrongful or negligent conduct "was acting within the scope of his office or employment at the time of the incident out of which the claim arose," §2679(d)(1), (2). Upon such certification, the United States is substituted as defendant in place of the employee, and the action is thereafter governed by the Federal Tort Claims Act. If the action commenced in state court, the Westfall Act calls for its removal to a federal district court, and renders the Attorney General's certification "conclusiv[e] … for purposes of removal." §2679(d)(2).

https://biotech.law.lsu.edu/cases/immunity/osborn.htm

Sims v. Trump, No. 1:19-cv-00345 in D.D.C

1. This case involves a unprecedented challenge under the First Amendment to the

United States Constitution to determine whether a President can silence former Federal

employees from disclosing unclassified information learned while in Federal service.

1. The Plaintiff Clifton David Sims (“Mr. Sims”) previously worked for Donald J.

Trump for President, Inc. as a Communications Advisor from 2016 until Mr. Trump

became President. From January 20, 2017, up until May 2018, Mr. Sims was a U.S.

Government employee serving as a Special Assistant to the President. He is the recent

author of Team of Vipers: My 500 Extraordinary Days in the Trump White House (St.

Martin’s Press, 2019), which is an exposé of the Trump White House during the time Mr.

Sims was employed there.

https://twitter.com/illhanOmarpress/status/1095097508483776512