Swalwell v. Pulte
Overview
Overview
Rep. Eric Swalwell sued Bill Pulte, director of the Federal Housing Authority, over the criminal referral Pulte send to the Justice Department alleging that Swalwell was committing mortgage fraud.
The Issue
Issue
Whether an FHA director's criminal referral to the Department of Justice regarding mortgage fraud allegations violates a congressional representative's constitutional or civil rights.
The Rules
Rule
Government officials performing quasi-prosecutorial functions are generally entitled to prosecutorial immunity from civil liability, absent a clearly established constitutional right. However, immunity does not protect actions taken with malice, absence of probable cause, or in violation of clearly established law.
The Application
Analysis
Pulte, in his capacity as FHA director, referred Swalwell to DOJ alleging mortgage fraud. The determinative question is whether Pulte acted within his lawful authority, had probable cause for the referral, and whether his actions violated a clearly established constitutional or statutory right.
The Conclusion
Conclusion
The District Court for D.C., presided over by Judge James E. Boasberg, entered a decision on the merits, determining the viability of Swalwell's claims against Pulte in his official capacity.
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