(Papers to be published in Fordham Law Review)
When, and how, may officers acting (or purporting to act) on behalf of a government (federal, state, local, or foreign) be sued in federal court? Just as the largely symbolic sovereign immunity of the states was a recurring issue in the decisions of the Rehnquist Court, enabling the more practical immunities of the officers who embody sovereign authority has become a theme of the early Roberts Court. Recently, the Court unanimously reversed prior precedent requiring federal courts to adjudicate whether a constitutional right was violated in deciding a official's claim to immunity because the right was not "clearly established." The decision came on the heels of pressure from lower court judges who objected to the necessity of deciding the constitutional right question first. And, in 2010, the Court decided a case involving the immunity of foreign officers sued for violations of international law under the Alien Tort State. In the upcoming term, the Court will decide a case involving the absolute immunity of prosecutors. This panel will address the history, doctrine, and policy justifications of officer immunity in the United States.
Business Meeting at Program Conclusion.