'But They Didn't Prosecute Hillary Clinton': Sailor Pardoned by Trump Plans to Sue Obama, Comey

[struggle4progress]

35. Harlow v. Fitzgerald: 457 U.S. 800 (1982)

JUSTICE POWELL delivered the opinion of the Court ...

... our decisions consistently have held that government officials are entitled to some form of immunity from suits for damages. As recognized at common law, public officers require this protection to shield them from undue interference with their duties and from potentially disabling threats of liability.

Our decisions have recognized immunity defenses of two kinds. For officials whose special functions or constitutional status requires complete protection from suit, we have recognized the defense of "absolute immunity" ... Our decisions also have extended absolute immunity to certain officials of the Executive Branch. These include prosecutors and similar officials .. executive officers engaged in adjudicative functions .. and the President of the United States ...

For executive officials in general, however, our cases make plain that qualified immunity represents the norm ...

Insubstantial lawsuits can be quickly terminated by federal courts alert to the possibilities of artful pleading. Unless the complaint states a compensable claim for relief .. it should not survive a motion to dismiss. Moreover .. damages suits concerning constitutional violations need not proceed to trial, but can be terminated on a properly supported motion for summary judgment based on the defense of immunity ... In responding to such a motion, plaintiffs may not play dog in the manger; and firm application of the Federal Rules of Civil Procedure will ensure that federal officials are not harassed by frivolous lawsuits ...

https://www.law.cornell.edu/supremecourt/text/457/800