E. Jean Carroll v. Donald J. Trump: Response to DOJ Motion
Case Overview
- Case Number: 1:20-cv-7311 (LAK)
- Court: United States District Court, Southern District of New York
- Plaintiff: E. Jean Carroll
- Defendant: Donald J. Trump (in his individual capacity)
- Document: Memorandum of Law in Opposition to Motion to Substitute the United States as Defendant
- Filed: October 5, 2020
- Plaintiff’s Counsel: Roberta A. Kaplan, Joshua Matz (Kaplan Hecker & Fink LLP)
Background
- E. Jean Carroll alleges that Donald J. Trump sexually assaulted her.
- Carroll publicly revealed the alleged assault, after which Trump made several public statements denying the allegations and disparaging Carroll.
- Carroll filed a defamation lawsuit against Trump in state court, claiming his statements were slanderous.
- Trump defended the proceedings in state court.
- The U.S. Department of Justice (DOJ) filed a motion to substitute the United States as the defendant, arguing that Trump was acting within the scope of his office as President when making the statements.
Plaintiff’s Response
- The document is a memorandum opposing the DOJ’s motion to substitute the United States as defendant.
- Key arguments include:
- The Federal Tort Claims Act (FTCA) does not cover the President.
- The President is not considered an officer or employee of an executive department under the FTCA.
Procedural History
- Carroll filed suit in state court.
- Trump and the DOJ sought to move the case to federal court and substitute the United States as the defendant.
- This memorandum was filed to oppose that substitution.
This summary was generated from the court document: “E. Jean Carroll response to DOJ” (Case No. 1:20-cv-7311 (LAK)).