Rice University and the officer argued that the case should be dismissed because the officer was protected by official immunity
Head of state and foreign official immunity
are closely linked to foreign sovereign immunity, which arose out of principles drawn from the law of nations.
the world of foreign official immunity
as it existed before the Samantar
Even assuming that these criticisms of the memos are correct, the long-standing law of official immunity
requires that Yoo be protected from civil liability--unless the court finds that the governing law on the particular issue was so clearly established that in giving the contrary advice, that he should or must have known that his contrary advice was erroneous and would violate the plaintiff's legal rights.
This categorization of "international" will equip the court with the ability to eliminate any state official immunity
protections of the accused.
194, 200 (2001) (stating that official immunity
Even when something is unconstitutional, it is extremely difficult to get money out of the government, due to all kinds of sovereign immunity and official immunity
," said Kim Forde-Mazrui, a professor of criminal and constitutional law at the University of Virginia, who generally supports the concept of reparations.
If the facts are as alleged, a reasonable police officer in the position of these defendants would have known for sure that their actions violated the Constitution, and so the defendants cannot shelter behind the defense of official immunity
," Judge Richard A.
Instead, the lords could argue that the limitation of official immunity
was based on Chile's own agreement to the Torture Convention.
Judge Melinda Harmon dismissed the claims against the Burleson County defendants based on official immunity
, while the Madison County defendants remain in the lawsuit.
B addresses the contentious question of government official immunity
foreign official immunity
norms after the Supreme Court decision in Samantar v.
1988), which refused to recognize a claim of official immunity
Public defender malpractice immunity can assume many forms, ranging from sovereign immunity to official immunity
to judicial immunity to immunity on wholly public policy grounds.
I will review briefly the history of the debate concerning the law applicable to foreign official immunity
, and offer some comments about the effect Samantar likely will have on the State Department going forward.