Liability of Engineers in Federal Government

Abstract

Engineers in the federal government are provided with one of two types of immunity (absolute or qualified) from liability litigation, if certain conditions are met. These conditions were not derived from statutes but developed in the courts over the years. To receive absolute immunity an official must act within the scope of his or her duties and perform a discretionary function. Qualified immunity is provided in cases involving violations of constitutional rights, and if officials can demonstrate the following: (1). They acted in good faith; (2) their conduct was valid; and (3) they acted in the framework of their duties. To show how the courts developed, interpreted, and applied these requirements, such as discretionary functions, several court cases are reviewed. Many of the cases involve public works and construction operations on military installations for the benefit of military engineers, public works officials, and construction administrators. However, the same requirements and immunities apply to all government officials with few exceptions, i.e., judges.