TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 5 P38

Gale Encyclopedia of American Law Volume 5 P38 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 358 IMMUNITY crippled by a threat of civil liability and granted the postmaster general absolute immunity from civil suit for discretionary acts within the scope of the postmaster s authority. Federal courts since Spalding have continued to grant absolute immunity a complete bar to lawsuits regardless of the official s motive in acting to federal executive officials so long as their actions are discretionary and within the scope of their official duties. Members of Congress and state legislators are absolutely immune from civil lawsuits for their votes and official actions. The . Supreme Court in Bogan v. Scott-Harris 523 . 44 118 S. Ct. 966 140 L. Ed. 2d 79 1998 extended absolute immunity to local legislators . city council members and county commissioners when they act in their legislative rather than administrative capacities. Prosecutors are absolutely immune for their actions during a trial or before a grand jury. However during the investigatory phase they are only granted qualified immunity. In Kalina v. Fletcher 522 . 118 118 S. Ct. 502 139 L. Ed. 2d 471 1997 the . Supreme Court ruled that a prosecutor was not entitled to absolute immunity with respect to her actions in making an allegedly false statement of fact in an affidavit supporting an application for an arrest warrant. Policy considerations that merited absolute immunity included both the interest in protecting a prosecutor from harassing litigation that would divert his or her time and attention from official duties and the interest in enabling him or her to exercise independent judgment when deciding which suits to bring and in conducting them in court. These considerations did not apply when a prosecutor became an official witness in swearing to a statement. However in Conn v. Gabbert 526 . 286 119 S. Ct. 1292 143 L. Ed. 2d 399 1999 the . Supreme Court held that prosecutors cannot be sued for having lawyers searched or for interfering with the ability to advise a client who .

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