Also known as: official act
Written by attorneys · grounded in primary & secondary sources — see below
Conduct performed by a government official within the scope of their official duties and authority.
Select any source to read its text and confirm it supports the definition.
Oswald Orozco owned a private farm a decade before his election. A former worker sued him in federal court for unpaid wages and unsafe housing from that period. The court allowed the suit to proceed because the alleged conduct occurred in a private capacity before Orozco took office.
A county sheriff's deputy pursued a motorcycle at high speed after a traffic violation. The chase ended when the motorcycle crashed, killing the passenger. The estate sued the deputy under the Fourteenth Amendment, alleging the pursuit amounted to an official act that shocked the conscience.
A nonprofit group spent funds to publicize a candidate's voting record on federal issues. The group published the material to influence the election outcome. Federal election law required the group to file reports as if it were a political committee because the publications referenced official acts.
A prosecutor used peremptory challenges to strike jurors of a particular race during a criminal trial. The defendant challenged the strikes as racially discriminatory. The court held that the Equal Protection Clause prohibits race discrimination in all official acts of the state judicial system.
A management analyst testified before Congress about cost overruns in a defense program. The President later directed the analyst's removal from his position. The analyst sued the former President for damages arising from the discharge, which the court treated as an official act within the outer perimeter of presidential authority.
A private restaurant refused service to a customer because of her race. The customer alleged the refusal occurred under color of a state custom requiring segregation in dining facilities. The court examined whether the private conduct could be attributed to official acts of the state.
No. Presidential immunity extends only to official acts performed while in office. Pre-office private conduct receives no protection even if the suit is filed during the presidency.
Supporting sources
…election or defeat of such candidate, setting forth the candidate's position on any public issue, his voting record, or other official acts (in the case of a candidate who holds or has held Federal office), or otherwise designed to influence individuals to cast their votes for or against such candidate or to withhold their…