In United States law, absolute immunity is a type of sovereign immunity for government officials that confers complete immunity from criminal prosecution and suits for damages, so long as officials are acting within the scope of their duties.[1] The Supreme Court of the United States has consistently held that government officials deserve some type of immunity from lawsuits for damages,[2] and that the common law recognized this immunity.[2] The Court reasons that this immunity is necessary to protect public officials from excessive interference with their responsibilities and from "potentially disabling threats of liability."[2]
Absolute immunity contrasts with qualified immunity, which sometimes applies when certain officials may have violated constitutional rights or federal law.[3]
- ^ "Absolute Immunity". biotech.law.lsu.edu. Retrieved 2020-02-22.
- ^ a b c Harlow v. Fitzgerald, 457 U.S. 800, 806 (1982).
- ^ "Qualified immunity". LII / Legal Information Institute. Retrieved 2020-03-16.
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