A police officer had a woman jailed for over two years on false charges in connection with a bogus sex-trafficking ring. But the officer, Heather Weyker, cannot be sued, because a court ruled in July that she was acting under color of federal law.
For years, Weyker, an officer in St. Paul, Minnesota, gathered evidence, cultivated witnesses, and testified under oath in connection with an interstate sex-trafficking ring run by Somali refugees. She did all that while allegedly fabricating the very ring she was investigating. Her efforts resulted in 30 indictments, nine trials, and exactly zero convictions.
In 2011, Hamdi Mohamud, then just 16 years old, found herself arrested after a woman named Muna Abdulkadir attacked her and her friends at knifepoint. Inconveniently for Mohamud, Abdulkadir was crucial to Weyker's bogus investigation.
After a call from Abdulkadir—during which she reportedly informed Weyker she had carried out a knife attack and was worried her arrest was imminent—Weyker advised other members of law enforcement that Abdulkadir was a federal witness. She had information and documentation, Weyker noted, that Mohamud and her friends were out to intimidate Abdulkadir.
"The first part was true, but everything else Weyker said was false," summarized Judge David Stras for the U.S. Court of Appeals for the 8th Circuit. "There was no 'information' or 'documentation' that anyone was trying to intimidate Abdulkadir. Nevertheless, based on what Weyker told him, Officer [Anthijuan] Beeks arrested Mohamud and the others for witness tampering."
The government would dismiss those trumped-up charges, but only after Mohamud spent 25 months in custody.
Mohamud sued—and succeeded. A federal court in 2018 declined to give Weyker qualified immunity, finding it was already clearly established at the time of her arrest that Weyker's alleged misconduct violated the Fourth Amendment.
Two years later, however, Mohamud's luck soured on appeal. Though the 8th Circuit conceded that Weyker's sex-trafficking investigation was "plagued with problems from the start" (the trial judge found, for example, that she fabricated information and lied multiple times under oath), the court said she was, in fact, immune.
That wasn't because she was entitled to qualified immunity. Rather, although Weyker was a St. Paul police officer, she had been cross-deputized on a federal task force to carry out the investigation. That gave her the legal protections afforded to federal law enforcement—a much higher bar for alleged victims to clear.
Lawsuits against federal employees are subject to the Bivens doctrine. Named after the landmark 1971 Supreme Court case Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, the ruling allowed a man to sue the federal agents who conducted a warrantless raid on his home and then strip-searched him at a courthouse.
But the Supreme Court has made it almost cartoonishly difficult for plaintiffs to make use of their very good decision. In 2017, the Court ruled in Ziglar v. Abbasi that Bivens claims against federal agents can survive only if they clear a two-pronged test.
Step one: Does the claim arise in a "new context"—in other words, is it meaningfully different from previous Bivens cases decided by the Supreme Court? Unless a complaint mirrors the original facts of Bivens almost identically, or the facts of the handful of cases that were allowed to proceed in times past, then the answer is "yes."
That leads to step two: Are there any "special factors counselling hesitation"—that is, reasons the judiciary should think twice about creating a new damages remedy against federal agents? The answer to that latter question, it seems, is also essentially always "yes," which dooms a claim.
"The focus in Bivens was on an invasion into a home and the officers' behavior once they got there. Here, by contrast, Weyker did not enter a home, even if the actions she allegedly took—like manufacturing evidence and lying—were just as pernicious," wrote Stras for the 8th Circuit in 2020. "Lying and manipulation, however bad they might be, are simply not the same as the physical invasions that were at the heart of Bivens."
Mohamud's remaining hope came down to proving that Weyker was acting under color of state law, because federal employees are, somewhat arbitrarily, granted even greater legal leeway than state agents. The 8th Circuit rejected that argument, in a case illustrating that greater power sometimes comes, paradoxically, with diminished responsibility.
The post Minnesota Cop Who Fabricated a Sex-Trafficking Ring Won't Be Held Accountable appeared first on Reason.com.
