Civil Rights Law · defense
Absolute immunity is a legal doctrine that shields certain government officials, such as judges and legislators, from liability for actions performed in the course of their official duties. This immunity is absolute, meaning that it cannot be overcome by allegations of wrongful conduct.
The action must have been taken in the individual's official capacity as a government or judicial official.
What to prove: It must be shown that the challenged conduct occurred while the official was performing a task within the scope of their official responsibilities.
The conduct must involve the exercise of discretionary judgment as part of the official's role.
What to prove: Evidence must establish that the official was engaged in actions that required judgment or discretion integral to their position.
The defendant (the official claiming absolute immunity) bears the burden of proving that the privilege applies; the standard is a preponderance of the evidence.
Expect questions that require you to identify whether particular actions qualify for absolute immunity, focusing on the nature of the official's conduct and whether it falls under their official duties.