Civil vs Federal court

Business 3 views 2 answers
I was the victim of crimes by employees of the government. Their crimes were committed outside of the duty of care or scope of their employment. So I held them personally liable. Now the Govt wants to take the case to federal court instead of civil where the action commenced. Due to the crimes being outside of the duty of care of their position, do I retain the rights to sue each person involved in civil court, and hold them personally liable for their actions? Can you sue a federal employee or former employee for damages openly in civil court?

Attorney Answers

2
Kelvin Green ·
Your question makes little sense.. Federal court and state court are both civil actions. If it is a civil action there is no crime committed outside their duty of care. Duty of care is a negligence issue. Defendants can remove cases to federal courts under the right circumstances. You need an attorney. There are civil rights issues, the federal claims tort act, immunity, to work through... You are quickly going to be over your head if you aren't already there.
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David Wendell SealReal Estate AttorneyIrvine, CA ·
First, I agree with my colleague. Second, you have twice used the phrase "crimes being committed outside the duty of their position" (or words similar), which doesn't say what they did, why you consider it a crime, whether they have been charged or investigated for a crime, or anything else. It is impossible to answer. I will venture a guess, from years of practice, that you are just assuming your analysis is correct that they committed crimes and that a court will agree with you. You need to consult a lawyer and provide the missing information to get any kind of answer you can rely upon.
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