Questions tagged [official-immunity]

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

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Why there are no sanctions against head of state if his/her country violates the International law by performing illegitimate acts of war?

Assume that there is head of state that is elected in elections that are fully recognized in his/her country and that is at least partially recognized as a elected head of state by other countries and ...
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Are members of congress protected from lawsuits for their speech outside of Congress under rules of Standing or the Speech and Debate clause?

For example, if a sitting member of congress ("She") misleads the public on a TV news interview regarding the fiscal impact of proposed legislation. If the lie would adversely impact the ...
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Will impeachment have to precede criminal charges against the president of the US? [duplicate]

Lets say the president of the US kills a person. Would he first have to be impeached before his murder trail can begin or do criminal charges against him happen the same way as with anyone else? Or ...
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Can Members of Congress be Charged with Incitement (and etc.)

Following the recent Capitol Riot I started to wonder about incitement. I ended up wondering about members of Congress, who are protected against arrest and questioning for what they say when Congress ...
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Can a former United States president be criminally prosecuted for acts committed when he was president?

Just after voting to acquit Trump, GOP senate leader Mitch McConnel said: We have a criminal justice system in this country. We have civil litigation. And former presidents are not immune from being ...
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Immunity for government officials

Officer Brian Sicknick was injured in the January 6, 2021 incident at the Capitol building. It is reported that he was struck on the head and later died of his injuries. Assume you are Donald Trump's ...
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Practical limit to qualified immunity

Let's say the police are sued and the lawsuit is so costly or the settlement is so large they cant pay it. In that case would the doctrine of qualified immunity collapse because not only do the police ...
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Would Hitler have been protected by Sovereign Immunity?

So, with all the talk of sovereign immunity lately due to the coronavirus lawsuits against the Chinese government, a thought occurred to me: Would Hitler have been protected by sovereign immunity for ...
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Wrongful death suits against government officials

Can state governors be held liable in wrongful death suits where the deaths are proven to be a direct result of violating all known medical advice and scientific assessment? I remember that anti-...
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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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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 Kevin ...
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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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What happens when a president is part of a mafia that violates the law in other countries?

In his confession, one of the individuals arrested in FIFAgate (corruption, bribes that were paid through United States financial institutions) mentioned former President of Argentina Cristina ...
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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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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 ...
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