Judge considering immunity for officials in Duggar lawsuit

Posted: September 26, 2017 at 1 a.m.

FAYETTEVILLE -- A federal judge said Monday he will decide soon whether local officials should have immunity from being sued for releasing decade-old information about an investigation into the sexual abuse of four Duggar daughters by their brother, Josh.

Legal lingo

Immunity: An exemption granted to statute or government authorities from a legal duty, penalty or prosecution.

Sovereign immunity is a judicial doctrine that prevents the government or its political subdivisions, departments and agencies from being sued without its consent. The doctrine stems from the ancient English principle that the monarch can do no wrong. For a person individually to be immune to suit, they must be acting as an arm of the government.

Qualified immunity protects public officials from being sued for damages unless they violated “clearly established” law of which a reasonable official in his position would have known. It aims to protect civil servants from the fear of litigation in performing discretionary functions entrusted to them by law. Government officials performing discretionary functions generally are shielded from liability for civil damages as long as as their conduct doesn’t violate clearly established statutory or constitutional rights of which a reasonable person would have known.

Source: uslegal.com

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