Proof that Absolute Immunity from Suit is Not Constitutional

Abstract

The 7th Circuit Court of Appeals Vodak v. City of Chicago conditions on academic research and rules municipalities have been overly protected from liabilities of their officials. Former U.S. Supreme Court Justice Stevens states Congress should enact legislation to allow suit for prosecutorial misconduct, shortly after Justice Ginsburg read aloud the court’s dissent in Connick v. Thompson. Waiting in the wings is the most sacred cow of all – absolute immunity for judicial acts. There are two prongs to the proof. One prong shows common law did not desire absolute immunity at the time of ratifying the constitution. The other prong establishes that a policy of absolute immunity is not socially equitable as per the constitution.