Pennsylvania DEP Employees Assessed Millions For Violating Permittee's Civil Rights

This report from the Pennsylvania Brownfields and Environmental Law blog states that a federal jury in Philadelphia found 4 Pennsylvania Department of Environmental Protection employees personally liable for violating the civil rights of the owners of a company that was eventually forced to shut down because it could not obtain a Title V air permit. Joel Bolstein reports the following:

What I know is that the case was allowed to go to the jury and the jury returned a verdict finding that the four named Department employees (1) violated MFS's right to not be retaliated against for exercising their First Amendment rights; (2) violated MFS's right to due process; (3) violated equal protection by treating MFS differently than similarly situated corporation; and (4) intentionally interfered with a contractual or prospective contractual relationship. Most importantly, the jury found that each of the four Department employees acted outside the scope of their employment. In finding that the Department employees acted outside the scope of their employment, the protection generally accorded by the doctrine of sovereign immunity or qualified governmental immunity was removed. In the end, the jury awarded MFS $6.5 million . . .

Ordinarily state employees have immunity from suit, particularly where their official duties are involved, but in this case the judge allowed the case to go to the jury, with the reported result. I can't imagine this won't be reversed on appeal, but who knows? The case is worth a look.