From the P-G main site:
A Marine's due process lawsuit against the late Congressman John Murtha was properly dismissed by the U.S. District Court, according to a decision by the 3rd U.S. Circuit Court of Appeals released Thursday.
Lance Cpl. Justin Sharratt was among Marines serving in the Iraq war who were charged with murder, and exonerated, in the so-called Haditha incident, a 2005 encounter that resulted in the deaths of 15 Iraqis. Mr. Murtha in 2006 made public statements that the Marines "killed innocent civilians in cold blood." Cpl. Sharratt sued him in 2009, and the federal government substituted itself as defendant for Mr. Murtha because the statements were made in his official capacity.
The district court found that Mr. Murtha was immune from the claim, and that Cpl. Sharratt had not gone through required pre-lawsuit processes. The 3rd Circuit agreed.