Bound By Oath by IJ Persons Who Are Not “Persons” | Season 2, Ep. 8
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Aug 13, 2021 This podcast explores the concept of absolute immunity for government officials, focusing on legislators and judges. It discusses the history and implications of this immunity, including examples of corrupt conduct. The podcast also examines a lawsuit against a judge accused of steering court business and unconstitutional policies resulting in wrongful imprisonment. It delves into the arguments for and against subjecting judges to lawsuits and hints at future discussions on absolute immunity for prosecutors and government officials.
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Origins of Absolute Immunity
- The Supreme Court began excluding some officials from Section 1983 liability in 1951, starting with legislators.
- Absolute immunity shields them even if they act maliciously or unconstitutionally.
Scope of Legislative Immunity
- Legislative immunity protects legislators only for legislative acts, not personal misconduct.
- Lawsuits can target non-legislative acts like harassment or wrongful firing of staff.
Judicial Immunity Roots and Reach
- Judicial immunity is rooted in common law and historically protected judges for judicial acts.
- Judges can avoid liability even for grossly wrong judicial decisions if acting within jurisdiction.