Originally Posted by
Scubatooth
That may be but they would still have to defend themselves in court to get excluded. The "doing ones job or following orders" doesn't really work as a defense as most judges don't like that at all.
Actually, a lot of judges love that defense since it allows them to get rid of a case without much work. Rule Number 1 in the Rules of Procedure is: "Judges are lazy. Give them an easy way out and they will take it." Of course, there are some exceptions to that rule. As a former trial attorney, I don;t much like the 'Code Bravo results in heart attack' lawsuit. There are big foreseeability problems, as well as some real causation issues. And it really can't be framed as a 1983 or Bivens case. The 'you can't come into the sterile area to treat the pax , Mr. EMT' suit is more meritorious.