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
  • 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.

Justia disclaimers below, incorporated herein.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.