Reading Room Document
Damage suits against United States Attorneys
The document provides a response to a request for views on the questions raised by a United States Attorney regarding the possibility of damage suits being brought against United States Attorneys for acts done in the discharge of their official duties. The document concludes that United States Attorneys, like federal judges, are absolutely immune from damage suits for actions performed in their official capacities. It also states that the likelihood of a United States Attorney being held liable for actions taken under color of his authority seems quite remote. The questions presented for review include the possibility of the Department securing liability insurance to pay any damages that might be awarded against United States Attorneys for wrongful acts, and the applicability of the immunity doctrine to defendant officials in specific cases.
The OLC's Opinions
Opinions published by the OLC, including those released in response to our FOIA lawsuit