Facts of the Case
In 1968, Fitzgerald, then a civilian analyst with the United States Air Force, testified before a congressional committee about inefficiencies and cost overruns in the production of the C-5A transport plane. Roughly one year later he was fired, an action for which President Nixon took responsibility. Fitzgerald then sued Nixon for damages after the Civil Service Commission concluded that his dismissal was unjust.
Questions
Was the President immune from prosecution in a civil suit?
Conclusions
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Yes. The Court held that the President "is entitled to absolute immunity from damages liability predicated on his official acts." This sweeping immunity, argued Justice Powell, was a function of the "President's unique office, rooted in the constitutional tradition of separation of powers and supported by our history."
Clinton v. Jones: Are Presidents "Temporarily Immune" from Suit Based Upon Their Unofficial Acts?
Federalism & Separation of Powers Practice Group Newsletter - Volume 1, Issue 1, Fall 1996
An alleged 1991 encounter between Paula Corbin Jones, an Arkansas state employee, and then-Governor Bill...
