October 19, 2010

Qualified Immunity

Hmmm, seems problematic. Have to look into this further.

Ashcroft is fighting the lawsuit, arguing that the attorney general has immunity from such legal action.

Government lawyers defending Ashcroft say that even if Kidd’s constitutional rights were violated, those rights were not clearly established at the time Kidd was taken into custody. If they weren’t clearly established, Ashcroft is protected by qualified immunity.

1st thought - wasn't that an argument at Nuremberg?

Wikipedia entry