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85 votes

Suing a Police Officer Instead of the Police Department

Even if you had grounds for a lawsuit, you could not make it come out of the officer’s pocket. Under Chapter 4.64 of the Seattle Code, the City of Seattle is generally required to defend and indemnify ...
cpast's user avatar
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33 votes
Accepted

Can a former United States president be criminally prosecuted for acts committed when he was president?

Yes The rule against prosecuting a sitting President is not a law, it is a Justice Department opinion and policy. The justification for it is that dealing with a criminal case would be severely ...
David Siegel's user avatar
29 votes
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Seeking Presidential Immunity

The nature of Presidential immunity was described in Nixon v. Fitzgerald, 457 U.S. 731 (1982). There is "absolute Presidential immunity from damages liability for acts within the 'outer perimeter'...
Jen's user avatar
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20 votes

Suing a Police Officer Instead of the Police Department

I'll go ahead and add in a federal level legal principle on top of all of the local and state laws that stand in your way: qualified immunity. In short, you'd have to prove that the officer was ...
bvoyelr's user avatar
  • 356
16 votes

Suing a Police Officer Instead of the Police Department

You could sue the officer. You could even make it a federal suit under Section 1983 (see the text of the law). However, to prevail, you would have to show that the officer knew that you were doing ...
David Siegel's user avatar
11 votes
Accepted

Suing a Police Officer Instead of the Police Department

No, you can not sue him for this. A police officer has to have done something wrong for you to sue, not just his job. I know you are saying the ticket was not warranted, but even if you are right, he ...
Putvi's user avatar
  • 3,998
6 votes
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Would Hitler have been protected by Sovereign Immunity?

Sovereign immunity is the wrong doctrine Sovereign immunity relates to the inability of a sovereign or state to commit a legal wrong and immunity from civil or criminal liability. However, it applies ...
Dale M's user avatar
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6 votes
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Are officials shielded from implementing an executive order later considered unconstitutional?

Is a government official personally liable when, within the sphere of his or her official responsibility, they violate a person's constitutional rights? Some officials “whose special functions or ...
K-C's user avatar
  • 4,024
6 votes
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Police reporting the crimes of police

The statute in question (which is unusual and not part of the law in most U.S. states) is as follows: (a) A person commits an offense if the person: (1) observes the commission of a felony ...
ohwilleke's user avatar
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6 votes
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If the US President is sued, do the taxpayers fund his defense and any settlements?

A president can be personally sued, and does not enjoy universal immunity while in office, see Clinton v. Jones, 520 US 681 – in that case, Clinton was represented by private counsel. There are ...
user6726's user avatar
  • 215k
4 votes
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Can officials enjoy immunity for any crime by asserting they acted in official capacity?

There are two kinds of immunity: absolute and qualified. Absolute immunity is limited to the official discretionary acts of judges, prosecutors in the litigation process (but not in the investigatory ...
ohwilleke's user avatar
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4 votes
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What happens when a president is part of a mafia that violates the law in other countries?

Defendants in the US would be charged with racketeering, not bribery, since government officials were not bribed. The DoJ indictment against Webb et al. is here: most of the defendants are not ...
user6726's user avatar
  • 215k
4 votes

Suing a Police Officer Instead of the Police Department

Most of the answers are being too specific, vicarious liability would apply to the officer just as it does with any other employer. The employer is responsible for the employees incompetence, not the ...
jmoreno's user avatar
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4 votes

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

Your question is based on an incorrect premise Heads of State can be and have been held accountable for war crimes and crimes against humanity. For example: Germany Japan Yugoslavia Rwanda
Dale M's user avatar
  • 213k
4 votes

Can a state in the US enforce its laws against other states?

For example, say Tennessee outlaws gasoline powered cars. A Georgia official intends to drive a state-owned gasoline powered vehicle to Kentucky on official business. Can Tennessee force them to go ...
ohwilleke's user avatar
  • 221k
3 votes

Can Members of Congress be Charged with Incitement (and etc.)

Not in court The speech or debate clause protects statements made in the chamber from civil or criminal proceedings absolutely. However, the House or Senate (as applicable) can take action including ...
Dale M's user avatar
  • 213k
3 votes

Wrongful death suits against government officials

No. A governor could not be held liable in a lawsuit on those grounds. Governors in every U.S. state have governmental immunity from liability in tort (and a lawsuit for wrongful death is a kind of ...
ohwilleke's user avatar
  • 221k
3 votes
Accepted

When are government officials protected by legislative immunity?

Only "legislative acts" give rise to legislative immunity. Perhaps surprisingly, being a legislator is neither necessary nor sufficient for the privilege to apply. A defendant would need to assert ...
Burt_Harris's user avatar
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3 votes

Suing a Police Officer Instead of the Police Department

The biggest issue with your situation is that the police didn't get your $350. The towing company did. So even if you can get the police to admit they made a mistake, they don't have your money, and ...
Mohair's user avatar
  • 724
3 votes

Does becoming a Presidential Candidate Confer any immunity?

A Presidential candidate has no legal immunity for litigation or prosecution different from that of any other political candidate. The First Amendment provides significant protections for expressive ...
ohwilleke's user avatar
  • 221k
2 votes

Suing a Police Officer Instead of the Police Department

There are laws in place in some states and cities that prevent a towing company from holding your vehicle hostage if you don't pay the tow fee. I know this doesn't help you right now, but I post as an ...
Headblender's user avatar
2 votes
Accepted

Does the oath to "defend the Constitution" impose any extra responsibility on Judges?

From your link (paragraph B): This time, with only ten days before JCSO's planned press conference on the success of its April 20 raid, the previously innocuous vegetation was considered to be wet ...
SJuan76's user avatar
  • 5,879
2 votes

Police reporting the crimes of police

The Police will usually turn a blind eye and not report anything that will implicate themselves or one of their own. While it is assumed that they would follow the law and be morally just in their ...
Digital fire's user avatar
  • 5,489
2 votes

Can a US cabinet secretary be criminally liable for a misapplication of federal law?

No, federal officials are not immune from criminal laws. Obviously, many politicians have been arrested. https://en.wikipedia.org/wiki/List_of_American_federal_politicians_convicted_of_crimes#...
Putvi's user avatar
  • 3,998
2 votes

Does becoming a Presidential Candidate Confer any immunity?

The Department of Justice and various prosecutors usually refrain from actions that would give the appearance of interfering with the electoral process. Part of that is the unofficial 60-day rule, ...
o.m.'s user avatar
  • 18.3k
2 votes

Immunity for government officials

Absolute Immunity A President has absolute immunity from civil liability for his official acts. As discussed here (citations omitted): Although the President is sued daily in his governmental ...
ohwilleke's user avatar
  • 221k
2 votes
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Practical limit to qualified immunity

As a practical matter, this simply doesn't happen. The employer of the police is usually bound by an employment contract or by common law duties to police employees, to pay their legal fees. Sometimes ...
ohwilleke's user avatar
  • 221k
2 votes

Are members of congress protected from lawsuits for their speech outside of Congress under rules of Standing or the Speech and Debate clause?

When this answer was written, the question described the conduct of the member of Congress as fraud, not as negligent misrepresentation. First of all, the speech of a politician (or indeed of anyone) ...
David Siegel's user avatar
2 votes

Are members of congress protected from lawsuits for their speech outside of Congress under rules of Standing or the Speech and Debate clause?

The Justice Department ruling on Rep. Mo Brooks may point to your answer. Searching for his case will return multiple hits, such as this, this, and this. In reporting from Reuters, U.S. Justice Dept ...
doneal24's user avatar
  • 161
1 vote

Immunity for government officials

Civil Suits Qualified immunity (QI) is a court-made principal in united-states civil lawsuits under which a government official, particularly a law enforcement officer, who is acting in good faith, ...
David Siegel's user avatar

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