"It was a strong case to support plaintiff attorneys bringing actions against the government officials in their personal capacity to, at least, allow discovery on important issues," said an Atlanta personal injury attorney Tim Gardner.
June 25, 2021 at 05:04 PM
4 minute read
Litigation Reporter
Sovereign immunity is often a go-to defense when litigators want cases against their government clients dismissed.
While sovereign immunity could make government employees untouchable in litigation in their official capacities, official or qualified immunity can leave them personally vulnerable—but only for violations of spelled-out ministerial, rather than discretionary acts, a new ruling shows.
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