Frank Wuterich - Unsuccessful Defamation Suit

Unsuccessful Defamation Suit

On August 2, 2006, Wuterich filed a lawsuit against Representative John Murtha of Pennsylvania for libel and invasion of privacy. Wuterich claimed that Murtha had defamed Wuterich's image by accusing the Marines of "cold blooded murder" with respect to the Haditha killings.

On September 1, 2007, news outlets reported on a hearing of Sgt. Sanick Dela Cruz, a subordinate of Wuterich at the time of the Haditha incident, in which Dela Cruz testified against Wuterich.

In September 2008, District Judge Rosemary M. Collyer denied a motion to dismiss the suit and ordered Murtha to give a deposition in the case. However, on April 14, 2009, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit overturned the order and dismissed the suit, ruling that the suit was barred by the Federal Employees Liability Reform and Tort Compensation Act of 1988 (Westfall Act), which protects federal employees from being sued personally for actions done in the course of their official duties.

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