Privileges for Civil Rights/ Constitutional Torts

Question 1

Sovereign Immunity

Answer 1

1. United States cannot be sued unless they consent to being sued.

Question 2

Absolute Immunity

Answer 2

1. Provides complete immunity from tort liability for acts carried out within the scope of one’s duties even if it was done with malice or abuse of discretion

Question 3

Absolute Immunity for Judicial Immunity

Answer 3

a. Judicial immunity – All statements made by judge, jurors, counsel, witnesses, or parties in judicial proceedings are absolutely privileged.
i. In determining whether a judge is immune from suit, must determine whether at the time he took the challenged action he had jurisdiction over the subject matter before him.

Question 4

Absolute Immunity for Legislative Immunity

Answer 4

All remarks made by federal or state legislators in their official capacity during legislative proceedings are absolutely privileged.

Question 5

Executive Immunity: Absolute

Answer 5

President has absolute immunity and all other government officials have qualified immunity.

Question 6

Executive Immunity: Qualified

Answer 6

Immunity of officers of the executive branch of a state government for their acts is not absolute but qualified and of varying degree, depending on the scope of discretion and responsibilities of the particular office and the circumstances existing at the time the challenged action was taken.

Question 7

Qualified Immunity

Answer 7

1. Actor must use reasonable behavior and act in good faith to be immune (no malice or ill intent).
2. Some parties with qualified immunity
   a. Government officials (Ashcroft)
   b. Public school board members (Wood)
   c. Police officers