The Whistleblower & Anti-Fraud Blog
Fourth Circuit reasons that proving the fraudulent state of mind required for False Claims Act liability would defeat any claim of qualified immunity.
State or local government officials alleged to have violated the False Claims Act by defrauding the federal gover
nment cannot raise “qualified immunity” as a defense, the Fourth Circuit Court of Appeals has held. The state of mind required to establish False Claims Act liability forecloses it, the court reasoned in U.S. ex rel. Citynet v. Gianato.