Amicus Briefs
Mohamud v. Weyker
CASE SUMMARY
NCLA urges the U.S. Court of Appeals for the Eighth Circuit to rule that Americans maintain the right to pursue damages against state or local law enforcement officers who violate their constitutional rights—whether or not the officer was cross-deputized at the time of the rights violation. Cross-deputized officers have limited federal authority to fulfill specific duties on joint federal-state task forces, while maintaining the full authority of their state or local positions. In an alarming trend, many courts across the country—including the district court in this case—have effectively immunized cross-deputized officers, ruling that such officers, who operate under both state and federal law, cannot be held liable for damages under either. NCLA asks the Eighth Circuit to firmly break with this dangerous trend and permit plaintiffs to hold state and local officers accountable for constitutional violations committed under the color of state law.
Defendant Heather Weyker, a Saint Paul, Minnesota police officer, framed teenager Hamdi Mohamud—among other innocent individuals—for the state-level crime of witness tampering, convincing another state officer to arrest her under false pretenses. As a result, Ms. Mohamud spent over two years behind bars in pre-trial detention before being released without charges, in addition to the thirty other individuals whom Officer Weyker had framed. Shockingly, the district court ruled that Weyker was insulated from liability for her unconstitutional conduct as a state officer under 42 U.S.C. §1983 because she had been cross-deputized at the time and thus temporarily held federal law enforcement authority. As a result, Ms. Mohamud was denied any way to recover damages and to hold Weyker accountable for her deplorable actions. The Eighth Circuit must reverse the district court’s nonsensical ruling and allow Ms. Mohamud to proceed with her action.