executive SOIs in the conduct-based, foreign official immunity
Beyond our specific findings regarding foreign sovereign immunity decisionmaking by the State Department and the district courts, our analysis informs intensifying post-Samantar debates over the appropriate roles for the executive branch and the judicial branch in foreign 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.
Unlike head-of-state immunity and other status-based immunities, there is no equivalent constitutional basis suggesting that the views of the Executive Branch control questions of foreign official immunity
Unlike the conceptually similar argument in the state official immunity
case of R v Bow Street Stipendiary Magistrate; Ex parte Pinochet Ugarte (17)--the relevant logic there being that, even if committed in an official capacity, some acts should not be accorded that classification if they violate basic human rights--these suits were generally unsuccessful.
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.
26) The Court did not accept Samantar's interpretation that the common law of state immunity and official immunity
were coextensive, finding the relationship between the two to be more complicated than that.
122) Other doctrines, such as official immunity
, are nonjurisdictional
While not steeped in the same historical tradition of international common law and practice as consular and diplomatic immunity, a relatively new phenomenon in the area of foreign official immunity
has been the emergence of international organizations like the United Nations.
protects public officials from liability for alleged acts of ordinary negligence committed during the course of their official duties for the performance of "discretionary" acts.
The court also ruled that county officials are protected under the doctrine of public official immunity
, which provides immunity to a public official who "exercises some portion of sovereign power and discretion," and can only be held liable if their conduct is malicious, corrupt, or outside the scope of their authority.
The defendants filed motions to dismiss and a motion for summary judgment based on claims that Jacobson was entitled to official immunity
as to all claims against him, and the hospital was entitled to sovereign immunity from both suit and liability as to contractual claims against it.
A judge in Brazoria County District Court dismissed the case without trial, saying Downey had acted in good faith and is protected by official immunity
The court held that the parents' allegation that officials waited nearly two hours before calling an ambulance for the unconscious minor was sufficient to state a claim for deliberate indifference to serious medical needs, and that the defendants were not entitled to official immunity
for gross negligence claims.