Nixon v. Fitzgerald

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Nixon v. Fitzgerald

Supreme Court of the United States

Full case name: Richard Nixon v. A. Ernest Fitzgerald
Holding
The President is entitled to absolute immunity from liability for damages based on his official acts.
Court membership
Chief Justice: Warren Burger
Associate Justices
William Brennan
Byron White
Thurgood Marshall
Lewis F. Powell
William Rehnquist
Harry Blackmun
John Paul Stevens
Sandra Day O'Connor
Laws applied
435 U.S. 349, 438 U.S. 478 , 408 U.S., at 617, 457 U.S. 800

Nixon v. Fitzgerald [1] was a 1982 court case in the Supreme Court of the United States that dealt with immunity from suit to government officials performing discretionary functions when their action did not violate clearly established law.

Contents

[edit] Background

A. Ernest Fitzgerald filed a law suit against government officials claiming that he lost his position as a contractor with the United States Air Force because of testimony made before Congress in the 1970's. Among the people listed in the law suit was former President Richard Nixon. Nixon argued that a President cannot be sued for actions taken while in office. The trial and appellate court rejected the President's claim of immunity and the case went to the Supreme Court.

[edit] Opinion

In a 5-4 decision, the Supreme Court ruled that the President is entitled to absolute immunity from liability for damages based on his official acts.

[edit] See also

Clinton v. Jones

[edit] References

  1. ^ Nixon vs. Fitzgerald