The Sanders Firm, P.C.: Absolute Immunity Defense

The pages on defenses provided by The Sanders Firm, P.C., New York City’S premiere civil rights law firm, are created in an effort to help educate the public regarding the law. This page, which considers absolute immunity, offers information that will give you a foundation on this defense. This page is merely a starting point designed to help you understand this defense and how it may affect the outcome of a lawsuit.

Absolute Immunity

Absolute immunity offers unqualified and unconditional immunity for individuals from civil lawsuits in which people are seeking monetary damages. This type of immunity, which includes judicial immunity, prosecutorial immunity, and legislative immunity, pertains to immunity given to people who in the course of doing their job require protection, such as judges who often make unpopular decisions. It does not apply to behavior outside the person’s legal purview.

Absolute immunity differs from qualified immunity, in that the latter pertains only if specific qualifications are met.

Example of Absolute Immunity

In terms of absolute immunity for judges (judicial immunity), members of the judiciary have no personal liability when they are performing their appointed duties. The judge possesses immunity from decisions and actions he/she takes in cases before the court. If he is a criminal court judge, then he has immunity in criminal cases. However, if that same judge tries to influence a case in another court, he does not have immunity. Nor does that judge have immunity when they are supervising their employees. Thus, if a judge sexually harasses an employee, they would not have absolute immunity.

Cases Against Those with Absolute Immunity

Filing a lawsuit against someone with absolute immunity can be risky. Many times, it is difficult to get the case heard. Of course, if the lawsuit focuses on actions outside of the person’s area in which they have protection, then it has a much better chance of going to a jury.

For those who are involved in controversial areas or areas in which unpopular decisions may be made, such as judges, prosecutors, and legislators, the protections afforded by absolute immunity make sense. If these people did not have such immunity, they would constantly be under the threat of lawsuits and would probably spend more time in court defending themselves than doing their job.

Do You Have a Case?

If you believe you have a case against someone who possesses absolute immunity, contact The Sanders Firm, P.C. We will be happy to discuss your case with you, analyze your claims in accordance with the facts, and offer you insights regarding the possibility of your success in bringing lawsuit.

We may discover that your civil rights complaint or other such lawsuit does not apply to an area in which that person has absolute immunity or we may find that you actually have another area of the law in which you may bring a lawsuit. If you do not have a case, we will inform you of such after careful consideration of all possible avenues you may take in your quest for justice. At The Sanders Firm, P.C. in New York, we offer each of our clients personalized service. We are your voice for justice.