Cross-Deputized—and Above the Law?

What happens when a state or local police officer violates someone’s constitutional rights—and courts say there’s no practical way to sue?In this episode of Unwritten Law, NCLA President Mark Chenoweth and Senior Litigation Counsel John Vecchione are joined by Casey Norman to discuss Mohamud v. Weyker (No. 25-760), now at the U.S. Supreme Court.NCLA’s amicus brief explains that multiple courts have recognized Officer Heather Weyker (a St. Paul police officer) abused her authority by fabricating allegations against Hamdi A. Mohamud and at least 30 other people—conduct the brief describes as “framing” that led to Mohamud’s incarceration for over two years. Yet the Eighth Circuit held Mohamud cannot sue Weyker under 42 U.S.C. § 1983 because Weyker was also cross-deputized for a federal task force—treating the conduct as federal in nature and shutting the courthouse door.The episode also explains why this accountability gap is especially dangerous after Egbert v. Boule, which largely eliminated Bivens remedies for most plaintiffs—making § 1983 often the only viable path for damages when cross-deputized officers violate constitutional rights.