Absolute immunity
Absolute immunity is a form of legal immunity for government officials that confers total immunity from criminal prosecution and lawsuits so long as they are acting within the scope of their duties.[1] Absolute immunity contrasts with qualified immunity, which only applies if specified conditions are met.
In common law jurisdictions, absolute civil immunity applies in the following circumstances:
- lawmakers engaged in the legislative process;[2]
- judges acting in their judicial capacity;[3]
- government prosecutors while making charging decisions (although prosecutors are only entitled to qualified immunity if they are acting outside of their function as a prosecutor);[4]
- witnesses while testifying in court (although the witness may be prosecuted for perjury if the testimony is deliberately false);[5]
- lawyers in certain circumstances related to fraud[6]
See also
Notes
- ↑ Absolute Immunity. Louisiana State University Medical and Public Health Law Site.
- ↑ Imbler v. Pachtman, 424 US 409, 418 1976
- ↑ Imbler v. Pachtman, 424 US 409, 418 1976
- ↑ Buckley v. Fitzsimmons, 509 US 259 1993
- ↑ Rehberg v. Paulk, 132 S.Ct. 1497 2012
- ↑ "Connecticut Court Rules That Lawyers Can't Be Sued for Fraud". Insurancejournal.com
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