Charlottesville, VA asked in Criminal Law, Civil Rights and Municipal Law for Virginia

Q: Has there ever been a case that was successful in the US where city council members were sued for their breach of oath

of office and the prosecutor won?

1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
Answered
  • Consumer Law Lawyer
  • Newport Beach, CA

A: There is a concept called "immunity" in the law that shields people in public office from citizen disputes over discretionary decisions that are made. Police have it, council and school board members have it, judges have it and POTUS has it. An exception to this would be when the public officer violates civil or criminal statutes regarding bribery, discrimination, homicide or the like. Your question asks for someone to research the cases in all the federal courts and all the state courts, and do hours of work in the Law Library to answer your question. Not going to happen. I can tell you that there are cases where public officials were prosecuted under either or both Federal and State laws for actions they did while performing duties. Recent police actions and criminal prosecutions for second degree murder come to mind. This could also be viewed as a violation of the officer's oath of office. Suggest you do your own Google searches but you better narrow your question to the specific behavior you are questioning.

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