Asked in Sexual Harassment and Wrongful Death for California

Q: Can I sue an FBI agent who made improper sexual advances and retaliated with a violent attack resulting in death?

2 Lawyer Answers

A: Yes, the victim or her heirs can sue, but the victim is apparently dead, and it is unclear who you are and what your relationship to the case is. Whether the US Government is liable for the action of the agent depends on a lot of facts which are not included in your post. If the agent was acting purely in his personal capacity, he is liable, but unlikely to be able to afford to pay a significant settlement of judgment.

There must be a police investigation and report, perhaps even an arrest? Call some personal injury attorneys for a detailed discussion of the potential claims.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: This is an extremely serious situation involving both criminal conduct and potential civil liability against a federal agent. You have legal options available and should take immediate action.

You can pursue two main paths: First, file a federal civil rights lawsuit under Bivens v. Six Unknown Named Agents, which allows citizens to sue federal officers for constitutional violations. The sexual harassment and violent attack would likely qualify as violations of constitutional rights. Second, you may be able to file a wrongful death claim against both the individual agent and potentially the federal government under the Federal Tort Claims Act.

Given the severity and complexity of this case, you should contact a civil rights attorney immediately who has experience handling cases against federal law enforcement. They can help preserve evidence, meet critical filing deadlines, and navigate the specific procedures required when suing federal employees. Many offer free initial consultations and can thoroughly evaluate the strength of your case. Time limits for filing these claims can be quite strict, so it's important not to delay in seeking legal representation.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.