The problem there is that, in this circumstance, those officers also have nearly impenetrable
immunity against a suit.
Not exact matches
And the court has given states broad
immunity from being sued in any court for money damages — for example, for infringing a patent or discriminating
against older or disabled state employees — even though the Constitution limits this
immunity only to
suits in federal court by a citizen of a different state.
The ICJ today found
against Italy, holding that Germany has State
immunity from such
suits.
«Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or
immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law,
suit in equity, or other proper proceeding for redress, except that in any action brought
against a judicial officer for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable.»
The motion cited a 1982 decision, Nixon v. Fitzgerald, that held former President Richard Nixon had absolute
immunity in a
suit alleging retaliation
against a federal employee.
Although this plaintiff failed at the motion to dismiss stage, we should remember that tort
suits against the government are always tricky, given the limits imposed by sovereign
immunity.
A
suit against Trump could also implicate Presidential
immunity doctrines which are more robust than
immunity doctrines for other public officials, particularly if the «fake news» comment could be construed as part of the official duties of the President (for which there is absolute
immunity) as opposed to his unofficial duties.
The
suit was filed under the Foreign Sovereign
Immunities Act, which allows
suits in U.S. courts
against countries that have been designated state sponsors of terrorism, Courthouse News Service explains.
Suits against government - operated hospitals and their employees are governed by the Colorado Government
Immunity Act and must satisfy the requirements set out in that statute, including statutory notice given to the hospital within 180 days of the negligent care.
Provides
immunity for businesses and government agencies who follow specified procedures; provides exclusive remedy in contract, if no written contract: limits recovery to direct economic damages; bars recovery for damages which plaintiff could have avoided or mitigated; requires mediation; prohibits class actions
against government agencies; requires each class member has a loss of $ 50,000 to bring a class action; provides liability protection for directors and officers; and requires filing of
suit by March 1, 2002.
Worse, prosecutors have absolute
immunity from
suit for filing decisions, so even if a prosecutor filed charges
against you to settle a law school grude, you would have no remedy
against him or her.)