Harlow v. Fitzgerald
| Harlow v. Fitzgerald | |
|---|---|
 U.S. LEXIS 139 | |
| Case history | |
| Prior | Cert. to the United States Court of Appeals for the District of Columbia Circuit |
| Holding | |
| Presidential aides were not entitled to absolute immunity, but instead deserved qualified immunity. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Powell, joined by Brennan, White, Marshall, Blackmun, Rehnquist, Stevens, O'Connor |
| Concurrence | Brennan, joined by Marshall, Blackmun |
| Concurrence | Brennan, White, Marshall, Blackmun |
| Concurrence | Rehnquist |
| Dissent | Burger |
Harlow v. Fitzgerald, 457 U.S. 800 (1982), was a case decided by the
Background
Following the release of the Watergate tapes, Fitzgerald was mentioned by President Richard Nixon, who boasted that he had been responsible for firing Fitzgerald.
Fitzgerald filed a lawsuit against government officials claiming that he lost his position as a contractor with the
Harlow v. Fitzgerald examined whether that degree of immunity extended to the President's aides.
Opinion
In an 8–1 decision, the Court held that government officials other than the President were generally entitled to qualified immunity. An official can obtain absolute immunity but must "first show that the responsibilities of his office embraced a function so sensitive as to require a total shield from liability. He must then demonstrate that he was discharging the protected function when performing the act for which liability is asserted."
Despite its immediate application to White House aides, the case is regarded as most important for its revision of the qualified immunity standard that is applicable to government actors, more generally. The Court held that "government officials performing discretionary functions, generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known."
References
- ^ "Nixon v. Fitzgerald". LII / Legal Information Institute. Retrieved September 6, 2018.
External links
- Text of Harlow v. Fitzgerald, 457 U.S. 800 (1982) is available from: Justia Library of Congress Oyez (oral argument audio)
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