Fahey and Tull obtained dismissal of state homicide charges in federal court.
On October 22, 2021, Jonathan Fahey and Travis Tull won dismissal on homicide charges in high profile police shooting case in the Eastern District of Virginia. The Honorable Judge Claude M. Hilton dismissed all charges against a United States Park Police Officer who was facing homicide charges stemming from an on duty shooting of a motorist. After a pre-trial hearing in which Fahey and Tull successfully argued for dismissal of the case for violating the Supremacy Clause of the Constitution, the Court found that the Officer’s actions were “necessary and proper” in the performance of his duties. Fahey and Tull had previously successfully removed the case from state to federal court.