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Fitzgerald sought civil damages, and President Nixon argued that he was absolutely immune from suit for actions taken in his official capacity. The district and circuit courts rejected the president’s claim of immunity, and the United States Supreme Court granted certiorari.
Nixon v. Fitzgerald: The President has absolute immunity from liability for civil damages arising from any official action taken while in office.
Nixon v. Fitzgerald, 457 U.S. 731 (1982), was a United States Supreme Court decision written by Justice Lewis Powell dealing with presidential immunity from civil liability for actions taken while in office.
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.
Nixon v. Fitzgerald 457 U.S. 731 (1982) JUSTICE POWELL delivered the opinion of the Court. The plaintiff in this lawsuit seeks relief in civil damages from a former President of the United States. The claim rests on actions allegedly taken in the former President's official capacity during his tenure in office.
Subject matter: Economic Activity - Liability, governmental: tort or contract actions by or against government or governmental officials other than defense of criminal actions brought under a civil rights action.
Fitzgerald (1982) makes clear that the President, were he subject to civil liability, could be held liable only for an action that he knew, or as an objective matter should have known, was illegal and a clear abuse of his authority and power. In such circumstances, the question that must be answered is who should bear the cost of the resulting ...
