Docket Nos. 20-3977-cv (L), 20-3978-cv (Con) August Term 2021.

49 F.4th 759 (2022)

E. Jean CARROLL, Plaintiff-Appellee, v. Donald J. TRUMP, in His Personal Capacity, Defendant-Appellant, United States of America, Movant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: September 27, 2022.

Attorney(s) appearing for the Case

Mark R. Freeman , Appellate Staff Civil Division, U.S. Department of Justice ( Mark B. Stern and Joshua M. Salzman , Appellate Staff Civil Division, U.S. Department of Justice, on the brief), for Jennifer B. Dickey , Acting Assistant Attorney General, for Movant-Appellant United States of America.

Alina Habba , Habba Madaio & Associates LLP, Bedminster, NJ ( Marc Kasowitz , Christine A. Montenegro , Paul J. Burgo , Kasowitz Benson Torres LLP, New York, NY, on the brief), for Defendant-Appellant Donald J. Trump.

Joshua A. Matz , Kaplan Hecker & Fink, LLP, New York, NY ( Roberta A. Kaplan , Raymond P. Tolentino , Kaplan Hecker & Fink, LLP, New York, NY, Leah Litman , Ann Arbor, MI, on the brief), for Plaintiff-Appellee E. Jean Carroll.

Zoe Salzman , Emery Celli Brinckerhoff Abady Ward & Maazel LLP, New York, NY, for Amici Curiae The Rape, Abuse & Incest National Network (RAINN); Time's Up Foundation; Legal Momentum, The Women's Legal Defense and Education Fund; The National Alliance to End Sexual Violence; The National Center for Victims of Crime (NCVC); The New York City Alliance Against Sexual Assault; and Safe Horizon.

Before: Calabresi, Chin, and Nardini, Circuit Judges.

When an employee of the federal government is sued for tortious conduct that happens on the job, the employee is generally entitled to absolute immunity from personal liability under the Federal Employees Liability Reform and Tort Compensation Act of 1988 (the "Westfall Act"). See 28 U.S.C. § 2679(b)(1...


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