View source for Social:Absolute immunity

'''Absolute immunity''' is a form of legal immunity for government officials that confers total immunity from criminal prosecution and [[Social:Lawsuit|lawsuit]]s so long as they are acting within the scope of their duties.<ref>[http://biotech.law.lsu.edu/map/AbsoluteImmunity.html Absolute Immunity]. Louisiana State University Medical and Public Health Law Site.</ref> Absolute immunity contrasts with [[Social:Qualified immunity|qualified immunity]], which only applies if specified conditions are met.
In common law jurisdictions, absolute civil immunity applies in the following circumstances:

*lawmakers engaged in the legislative process;<ref>Imbler v. Pachtman, 424 US 409, 418 1976</ref>
*judges acting in their judicial capacity;<ref>Imbler v. Pachtman, 424 US 409, 418 1976</ref>
*government prosecutors while making charging decisions (although prosecutors are only entitled to qualified immunity if they are acting outside of their function as a prosecutor);<ref>Buckley v. Fitzsimmons, 509 US 259 1993</ref>
*witnesses while testifying in court (although the witness may be prosecuted for [[Social:Perjury|perjury]] if the testimony is deliberately false);<ref>Rehberg v. Paulk, 132 S.Ct. 1497 2012</ref>
*lawyers in certain circumstances related to fraud<ref>[http://www.insurancejournal.com/news/east/2013/05/21/292839.htm "Connecticut Court Rules That Lawyers Can't Be Sued for Fraud"]. Insurancejournal.com</ref>

==See also==
* Immunity from prosecution
* Zieper v. Metzinger

==Notes==
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[[Category:Legal terminology]]



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