Questions tagged [official-immunity]
Immunity to civil or criminal liability conferred to an individual by virtue of an office.
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Can a state in the US enforce its laws against other states?
Can a state enforce its laws against another state?
For example, say Tennessee outlaws gasoline powered cars. A Georgia official intends to drive a state-owned gasoline powered vehicle to Kentucky on ...
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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 ...
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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?
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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 ...
2
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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 ...