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The Daily Docket

The Daily Docket

A newsletter by Reuters and Westlaw

 

By Caitlin Tremblay

Good morning. Today we have a look at whether ICE agents can be sued. Plus, a federal judge will consider whether to block the Trump administration's pause of Dominion's Virginia offshore wind project; Tyler Robinson, charged with aggravated murder in the assassination of Charlie Kirk, will appear in court; and Georgia is pushing back on legal fee demands made by President Trump and several of his allies. Here are some unusual photos to close out the week. I’ll be back in your inbox on Tuesday. Have a great weekend and go Bills.

 

Can ICE agents be sued?

 

REUTERS/Tim Evans

Lawyers for the family of Renee Good, the woman killed by an ICE agent in Minneapolis last week, are weighing a civil claim against the agency, raising questions about what legal avenues exist for suing federal immigration officers.

FTCA pathway: Families can seek compensation under the Federal Tort Claims Act, which waives sovereign immunity for certain negligent or wrongful acts by federal employees, including wrongful‑death claims stemming from ICE enforcement actions.

Major hurdles: FTCA cases bar punitive damages, require a six‑month agency review before filing suit, and include exceptions for discretionary judgments, giving the government significant defenses, such as arguing an agent acted reasonably or in self‑defense.

Criminal avenues are rare: Federal and state prosecutors can bring charges against agents, but the standard is high, indictments are uncommon, and states must show the agent acted outside official duties or in a clearly unlawful manner.

Jan Wolfe has more here, including details of a U.S. Supreme Court precedent that could come into play.

 

Followup: Yesterday I flagged a hearing on the federal judiciary’s first AI-generated evidence rule. Here’s how it went.

 

Coming up today

  • Human rights: The government of Myanmar will present its side in a landmark case accusing it of committing genocide against the minority Muslim Rohingya, before the United Nations' top court. This is the first genocide case the International Court of Justice is hearing in full in more than a decade.
  • Environment: U.S. District Judge Jamar Walker in Norfolk will consider whether to block the Trump administration's pause of Dominion's Virginia offshore wind project, which is under construction and scheduled to begin producing power this year. Read the complaint.
  • Criminal: Tyler Robinson, charged with aggravated murder in the assassination of Charlie Kirk, will appear in court. The judge will hear arguments on pretrial publicity and possibly a defense request to disqualify the county attorney’s office because of alleged links between witnesses and prosecutors.
  • SCOTUS: Retired U.S. Supreme Court Justice Stephen Breyer will accept the O’Connor Justice Prize from the Sandra Day O’Connor College of Law at Arizona State University in Phoenix.

Court calendars are subject to last-minute docket changes.

 

More top news

  • ICE's principal legal adviser to become agency's deputy director
  • U.S. judge to restrict Trump efforts to deport pro-Palestinian campus activists
  • U.S. charges 26 people with rigging college, Chinese basketball games
  • U.S. judge dismisses Justice Department lawsuit seeking California voter details
  • Ex-CEO sued by New York for insider trading tied to COVID-19 vaccine contamination
 
 

Industry insight

  • Georgia prosecutors are challenging President Trump's demand for $6.2 million in legal fees after election interference charges against him were dropped, arguing that a state law requiring fee payments when prosecutors are disqualified is "probably unconstitutional." Find out more in this week's Billable Hours.
  • Prominent trial lawyer Randy Mastro, who recently resigned from his role as New York City first deputy mayor, has joined law firm Dechert.
  • More moves: Milbank added Rami Turayhi to its M&A practice from Fried Frank … Seyfarth Shaw hired former assistant U.S. attorney in Boston Jennifer Serafyn to its litigation department … Former DOJ prosecutor Jason McCullough moved to Wiley’s white-collar practice … Corporate partner David Contreiras Tyler joined Duane Morris from Womble Bond Dickinson … Akin Gump added two international arbitration partners: Kabir Duggal from Arnold & Porter and Nazar Pagani from Perez-Llorca … M&A partner Armando Albarrán left Freshfields to launch Gibson Dunn’s new office in Madrid … Appellate attorney Jay Yagoda joined Greenberg Traurig from the U.S. Attorney’s Office in Miami … Clark Hill hired Lionel Bochurberg from Buchalter for its corporate practice.
 

In the courts

  • The 3rd Circuit ruled that a judge lacked jurisdiction to order the release of Columbia University graduate Mahmoud Khalil from immigration detention, handing the Trump administration a win in its bid to deport the pro-Palestinian activist. Read the order. 
  • U.S. District Judge Carl Nichols cleared Norwegian offshore wind developer Equinor to resume work on its New York Empire Wind project which the Trump administration halted along with four other projects last month.
  • Vice Chancellor Morgan Zurn of the Delaware Chancery Court rejected Paramount’s bid to expedite its lawsuit seeking details on why Warner Bros Discovery viewed Netflix's proposed $82.7 billion takeover offer as better than Paramount’s $108.7 billion hostile bid.
  • Publishers Hachette and Cengage asked a California federal court for permission to intervene in a proposed class action against Google over the alleged misuse of copyrighted material used to train its AI systems. Read the complaint.
  • Eli Lilly and Novo Nordisk were sued in Texas federal court by a compounding pharmacy that alleges the drugmakers are illegally blocking access