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 US Air Force because of his whistleblower testimony made before Congress in 1969.[1]Absolute immunity was claimed by the officials involved, including Nixon and several of his aides, which generated several additional cases that made their way to the Supreme Court. Nixon was named in the lawsuit but was found to have absolute immunity in his role as President, as decided in Nixon v. Fitzgerald.
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 2018-09-06.
External links
Text of Harlow v. Fitzgerald, 457U.S. 800 (1982) is available from:JustiaLibrary of CongressOyez (oral argument audio)
harlow, fitzgerald, 1982, case, decided, united, states, supreme, court, involving, doctrines, qualified, immunity, absolute, immunity, supreme, court, united, statesargued, november, 1981decided, june, 1982full, case, namebryce, harlow, ernest, fitzgeraldcita. Harlow v Fitzgerald 457 U S 800 1982 was a case decided by the United States Supreme Court involving the doctrines of qualified immunity and absolute immunity Harlow v FitzgeraldSupreme Court of the United StatesArgued November 30 1981Decided June 24 1982Full case nameBryce Harlow et al v A Ernest FitzgeraldCitations457 U S 800 more 102 S Ct 2727 73 L Ed 2d 396 1982 U S LEXIS 139Case historyPriorCert to the United States Court of Appeals for the District of Columbia CircuitHoldingPresidential aides were not entitled to absolute immunity but instead deserved qualified immunity Court membershipChief Justice Warren E Burger Associate Justices William J Brennan Jr Byron WhiteThurgood Marshall Harry BlackmunLewis F Powell Jr William RehnquistJohn P Stevens Sandra Day O ConnorCase opinionsMajorityPowell joined by Brennan White Marshall Blackmun Rehnquist Stevens O ConnorConcurrenceBrennan joined by Marshall BlackmunConcurrenceBrennan White Marshall BlackmunConcurrenceRehnquistDissentBurger Contents 1 Background 2 Opinion 3 References 4 External linksBackground EditArthur Ernest Fitzgerald was a deputy for management systems in the Office of the Secretary of the Air Force He discovered 2 billion in cost overruns and technical problems in the Lockheed C5 A program that had been concealed by the officials at the Pentagon He testified before the Joint Economic Committee in Congress and was then blacklisted from roles of any significance 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 US Air Force because of his whistleblower testimony made before Congress in 1969 1 Absolute immunity was claimed by the officials involved including Nixon and several of his aides which generated several additional cases that made their way to the Supreme Court Nixon was named in the lawsuit but was found to have absolute immunity in his role as President as decided in Nixon v Fitzgerald Harlow v Fitzgerald examined whether that degree of immunity extended to the President s aides Opinion EditIn 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 Edit Nixon v Fitzgerald LII Legal Information Institute Retrieved 2018 09 06 External links EditText of Harlow v Fitzgerald 457 U S 800 1982 is available from Justia Library of Congress Oyez oral argument audio This article related to the Supreme Court of the United States is a stub You can help Wikipedia by expanding it vte Retrieved from https en wikipedia org w index php title Harlow v Fitzgerald amp oldid 1063283914, wikipedia, wiki, book, books, library,
