Also known as: absolute immunity from damage liability · absolute immunity · absolute official immunity
Written by attorneys · grounded in primary & secondary sources — see below
Official protection from civil damages liability granted to specific public officials for acts within the scope of their duties. The protection applies when the conduct falls inside the outer perimeter of official responsibilities or constitutes a judicial act. It shields the official entirely rather than requiring a showing of good faith or clearly established rights.
Deputy Director Harlan received a presidential directive on foreign financial threats and issued internal guidance restricting domestic bank accounts without notice. Ridge Equity sued Harlan personally for violating due-process rights. Because Harlan's actions involved routine domestic regulation rather than discretionary functions tightly linked to presidential foreign-affairs decisions, the court applied only qualified immunity.
President Nixon directed the dismissal of Air Force analyst Ernest Fitzgerald after Fitzgerald testified before Congress about cost overruns. Fitzgerald sued Nixon for retaliatory discharge. The court held that the dismissal lay within the outer perimeter of presidential authority and therefore triggered absolute immunity from damages.
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Federal narcotics agents entered Webster Bivens's apartment without a warrant and conducted an unreasonable search. Bivens sued the agents for Fourth Amendment violations seeking damages. The court ruled that the agents performed discretionary functions but were entitled only to qualified immunity, not absolute immunity from damages.
Attorney General John Mitchell authorized a warrantless wiretap on national-security grounds targeting a domestic dissident group. Plaintiff Forsyth sued Mitchell for the illegal surveillance. The court determined that Mitchell lacked absolute immunity and could claim only qualified immunity by showing good-faith conduct that did not violate clearly established rights.
Before taking office, then-private citizen William Clinton allegedly orchestrated a smear campaign against Paula Jones while he owned a competing business. Jones sued Clinton for damages after he became President. The court held that absolute immunity covers only official acts and does not protect pre-office private conduct.
New York City agencies followed an official policy of forcing pregnant employees to take unpaid leave. Several employees sued the Department of Social Services under section 1983 for constitutional violations. The court ruled that municipalities receive no absolute immunity from damages and may be held liable when the unconstitutional action implements official policy.
Presidential aides receive absolute immunity only when they perform discretionary functions in sensitive areas of national concern closely tied to presidential decisionmaking. In all other circumstances they receive only qualified immunity.
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Judges enjoy absolute immunity for judicial acts such as ruling on cases. Administrative acts such as hiring and firing court personnel receive only qualified immunity.
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The President receives absolute immunity only for acts within the outer perimeter of official responsibilities. Unofficial conduct that occurred before taking office receives no immunity.
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The Attorney General receives only qualified immunity even when authorizing national-security measures such as warrantless wiretaps. Absolute immunity does not extend to that office.
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…for defamatory falsehood with the status of the person defamed. And a third view would grant to the press and broadcast media absolute immunity from liability for defamation. To place our holding in the proper context, we preface our discussion of this case with a review of the several Rosenbloom opinions and their…