The Need for Statutory Immunity to Protect Federal Appointees from Civil Suit

This article considers the need for statutory immunity to protect federal appointees from civil suits. The author contends that Congress should pass legislation to provide immunity to federal government appointees from civil suits arising from the performance of official tasks and functions. The author uses the example of Designated Pilot Examiners to illustrate the need and positive impact of statutory immunity from civil suit. The Federal Aviation Administration (FAA) requires its employee Inspectors and appointed Examiners to administer oral and practical examinations to pilots and mechanics seeking FAA licensure, yet only the Examiners are open to suit under state torts law for performance of their official duties. Part I of the article describes the Federal Torts Claims Act and the case law created Governor Contractor Immunity Defense based on the doctrine of preemption. Part II reviews the basis and need for the creation of statutory immunity to protect federal appointee examiners from civil suit when administering exams to applications on behalf of the FAA. The author concludes by calling for Congress to pass into law upcoming legislation that protects these federal appointees from civil suit.

• Record URL:
  http://www.atlp.org/index.php?option=com_content&view=article&id=12:journal-of-transportation-law-logistics-policy&catid=9&Itemid=116
• Availability:
  • Find a library where document is available. Order URL: http://worldcat.org/oclc/31144651
• Authors:
  • Gipson, Ronnie R
• Publication Date: 2015

Language

• English

Media Info

• Media Type: Print
• Features: References;
• Pagination: pp 15-30
• Serial:
  • Journal of Transportation Law, Logistics and Policy
  • Volume: 8
  • Issue Number: 1-2
  • Publisher: Association for Transportation Law, Logistics and Policy
  • ISSN: 1078-5906
  • Serial URL: http://www.atlp.org/journal.html

Subject/Index Terms

• TRT Terms: Airlines; Aviation law; Civil aviation; Government employees; Immunity (Law); Inspectors; Laws and legislation; Legal factors; Sovereign immunity
• Subject Areas: Administration and Management; Aviation; Law;

Filing Info

• Accession Number: 01605077
• Record Type: Publication
• Files: TRIS
• Created Date: Jul 22 2016 8:51PM