Immunity to civil or criminal liability conferred to an individual by virtue of an office.
Canonical answers:
Questions tagged [official-immunity]
24 questions
54
votes
7 answers
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 the tow did not show up for the court…
bobuhito
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19
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1 answer
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 accountable by either one. (source)
However,…
Megaptera novaeangliae
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12
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1 answer
Seeking Presidential Immunity
ABC News reports that former President Trump is seeking to invoke "presidential" immunity in the lawsuit regarding: E. Jean Carroll's 2019 damage claims.
In statements Trump made denying the accusation, Trump said Carroll was "not my type" and…
gatorback
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6
votes
2 answers
Does becoming a Presidential Candidate Confer any immunity?
Donald Trump announced that he will run for president in 2024.
Does becoming a Presidential Candidate Confer any immunity from litigation?
gatorback
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5
votes
1 answer
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 constitution, or are they shielded until a court order…
gerrit
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3
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1 answer
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 to whom (notwithstanding previous disputes) the…
TomR
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3
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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 crimes committed "unofficially". Yet I can imagine…
feetwet
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3
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What is the legal basis for France to not execute ICC arrest warrants?
Factual background
(This question handles the same topic but asks different questions.)
Background: on November 22, 2024, the International Criminal Court (ICC) published arrest warrants for various individuals suspected of international law…
UJM
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2
votes
1 answer
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 McAleenan he would grant McAleenan a pardon if he…
phoog
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2
votes
2 answers
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: In Texas it is known as 'unlawful restraint'. …
j. howdee
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2
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2 answers
Can members of the executive branch be held liable for defamation, regarding statements made in an official capacity?
Recently, representatives of the US executive branch have made statements in their official capacities, asserting that Kilmar Ábrego García is a "terrorist", a member of MS-13, and a convicted criminal. These include statements to the press by…
kaya3
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Will impeachment have to precede criminal charges against the president of the US?
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 is it the case that the president doing certain…
Neil Meyer
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1
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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 is in session (Constitution Article I, Section…
Joe Casey
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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 his actions as Fuhrer, if he hadn't committed…
nick012000
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1
vote
2 answers
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 his actions fall within the scope of the grant of…
bdb484
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