Questions tagged [official-immunity]

Immunity to civil or criminal liability conferred to an individual by virtue of an office.

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When are government officials protected by legislative immunity?

A legislator is being sued under 42 U.S.C. 1983 for violating a constituent's civil rights. The legislator wants to assert legislative immunity as a defense. What is the test for determining whether ...
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What happens if a regular lawsuit procedure hits presidential immunity?

Scenario: A sitting president of the U.S. sues somebody for something (what doesn't really matter). The defendant makes a motion for a subpoena/deposition/whatever. The President objects on grounds ...
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Suing a Police Officer Instead of the Police Department

My car was towed in Seattle for an alleged parking violation. I paid $350 to get it back and then went to court and had the violation dismissed. The police officer who wrote the ticket and called for ...
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Can a US cabinet secretary be criminally liable for a misapplication of federal law?

I am a bit surprised that this hasn't been asked yet, but it seems indeed that it has not. A few days ago, CNN reported: President Donald Trump told Customs and Border Protection Commissioner ...
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3answers
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Does the oath to “defend the Constitution” impose any extra responsibility on Judges?

As per Article Six of the United States Constitution, ... all ... judicial Officers shall be bound by Oath or Affirmation, to support this Constitution ... (the text is codified in 5 U.S. Code § ...
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Police reporting the crimes of police

A supreme court decision says police do not owe a personal duty to individuals. However, police do have an oath of office and duty to the laws of the state. If a police make an unlawful arrest: ...
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1answer
132 views

If the US President is sued, do the taxpayers fund his defense and any settlements?

If someone sues President Trump for slander, do the taxpayers fund his defense? I would consider having the Attorney General as counsel would qualify. Also, would the taxpayers be on the hook for ...
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Can officials enjoy immunity for any crime by asserting they acted in official capacity?

Government officials in the United States enjoy broad immunity from personal and criminal liability for "official" actions. However, even the sitting U.S. President is not immune to being tried for ...
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Are officials shielded from implementing an executive order later considered unconstitutional?

Suppose that the President of the United States issues an executive order that violates the constitution. Can officials carrying out the executive order be considered guilty of violating the ...