In December 2014, the district court dismissed Saleh’s lawsuit, holding that the defendants were immune from further proceedings because of the federal Westfall Act of 1988 (28 U.S.C. § 2679). The Westfall Act immunizes former federal officials in civil lawsuits if a court determines that the official was acting pursuant to the legitimate scope of his or her employment.
Saleh disputes the immunity, arguing that the planning and waging of a war of aggression against Iraq fell outside the legitimate scope of employment of former President Bush and the other defendants