Legal immunity

Press release - Syria needs a greater financial and political response from the EU

Retrieved on: 
Friday, March 12, 2021

MEPs express grave concern over the persistent political deadlock and the lack of progress in finding a solution to the conflict in Syria.

Key Points: 
  • MEPs express grave concern over the persistent political deadlock and the lack of progress in finding a solution to the conflict in Syria.
  • They call on the EU to increase its financial and political response.
  • Reaffirming that those responsible for core international crimes must be duly prosecuted, MEPs call on the European Commission to present an EU Action Plan on Impunity, with a specific chapter on Syria.
  • This action plan should seek to better coordinate and harmonise member states' efforts and resources to prosecute war criminals in the EU.

NCLA Petitions U.S. Supreme Court to Undo Fifth Circuit’s Expansion of Qualified Immunity Doctrine

Retrieved on: 
Friday, February 12, 2021

NCLA represents Dr. Walsh, who was fired after a constitutionally inadequate Title IX university hearing on allegations that he sexually harassed a student.

Key Points: 
  • NCLA represents Dr. Walsh, who was fired after a constitutionally inadequate Title IX university hearing on allegations that he sexually harassed a student.
  • It also decided that his due process right was clearly established, negating qualified immunity for Defendants.
  • On appeal, the Fifth Circuit conversely held that university officials were entitled to qualified immunity.
  • Qualified immunity has become a caricature of fairness and justice, and the Court must restore sanity to this doctrine.

Insights on the Worldwide Industry for Immunity Boosting Products - Impact of COVID-19 is Boosting Demand - ResearchAndMarkets.com

Retrieved on: 
Thursday, November 19, 2020

Moreover, increasing number of COVID-19 cases in various countries, is further boosting the demand for immunity boosting products.

Key Points: 
  • Moreover, increasing number of COVID-19 cases in various countries, is further boosting the demand for immunity boosting products.
  • In terms of types, the Global Immunity Boosting Products Market is categorized into supplements, beverage, food and others.
  • Regionally, the Global Immunity Boosting Products Market is categorized into North America, Europe, Asia-Pacific, South America and Middle East & Africa.
  • Among the regions, North America immunity boosting products market accounted for the largest portion in the global market in 2019.

National Police Support Fund Releases Qualified Immunity Video, Continues Nationwide Awareness Campaign

Retrieved on: 
Wednesday, September 16, 2020

ALEXANDRIA, Va., Sept. 16, 2020 /PRNewswire/ -- Political grassroots organization National Police Support Fund has just launched a video ad campaign focused on the latest political movement against police officers: qualified immunity.

Key Points: 
  • ALEXANDRIA, Va., Sept. 16, 2020 /PRNewswire/ -- Political grassroots organization National Police Support Fund has just launched a video ad campaign focused on the latest political movement against police officers: qualified immunity.
  • This video is part of a larger nationwide initiative to raise awareness about qualified immunity and why it's so important to our nation's officers.
  • National Police Support Fund's Qualified Immunity video states "Repealing qualified immunity could result in even fewer people lining up to serve the public during these troubled times, knowing it could lead to personal and financial ruin."
  • For more information about qualified immunity and the work National Police Support Fund is doing to support and defend police officers within the political process, visit nationalpolicesupportfund.com/qualified-immunity-fact-page/
    National Police Support Fund is a national political organization organized under Section 527 of the IRS Tax Code.

Best’s Commentary: Insurance Liability Moves to the Head of the Class as School Year Begins

Retrieved on: 
Wednesday, September 9, 2020

A Bests Commentary, titled, Insurance Liability at the Forefront as School Year Begins, notes that school boards and administrators across the country are contemplating whether a school can be held legally liable if students, staff or others contract COVID-19.

Key Points: 
  • A Bests Commentary, titled, Insurance Liability at the Forefront as School Year Begins, notes that school boards and administrators across the country are contemplating whether a school can be held legally liable if students, staff or others contract COVID-19.
  • The end result may leave school-focused insurers facing an onslaught of litigation, with the potential for significant expenses and losses.
  • While schools are typically protected by some form of a governmental or public entity tort immunity act, these provisions vary by state.
  • School officials across the country are also worried that disruptions brought by COVID-19 will lead to an increase in special education litigation.

Texas Supreme Court Scratches Legal Immunity Claims of State Lottery Contractor

Retrieved on: 
Monday, June 15, 2020

AUSTIN,Texas, June 15, 2020 /PRNewswire/ -- On Friday, the Texas Supreme Court published a milestone opinion denying sovereign immunity protection claims of GTECH, a contractor that produced and printed scratch-off tickets for the Texas Lottery Commission.

Key Points: 
  • AUSTIN,Texas, June 15, 2020 /PRNewswire/ -- On Friday, the Texas Supreme Court published a milestone opinion denying sovereign immunity protection claims of GTECH, a contractor that produced and printed scratch-off tickets for the Texas Lottery Commission.
  • In the court's majority opinion, Justice Brett Busby noted that the court previously had "few opportunities to address whether a Texas government agency's immunity from suit might extend to its private contractors, and if so under what circumstances.
  • Because GTECH exercised discretion in choosing the game instructions, it would not be entitled to derivative immunity from fraud claims based on those instructions."
  • GTECH filed a response in both jurisdictions, asserting that sovereign immunity protections barred all the claims because the company's work was controlled and directed by the Lottery Commission, an entity with sovereign immunity, a legal doctrine that shields governmental entities from civil liability.

Immunity Certificates: If We Must Have Them, We Must Do It Right -- ID2020 Alliance releases white paper

Retrieved on: 
Tuesday, April 21, 2020

Over the past couple weeks, public health officials and policymakers have begun making the case for digital health credentials or "immunity certificates".

Key Points: 
  • Over the past couple weeks, public health officials and policymakers have begun making the case for digital health credentials or "immunity certificates".
  • But doing so should not mean giving up our right to privacy," noted ID2020 Executive Director, Dakota Gruener.
  • "If we need to do immunity certificates," said Gruener, "let's make sure we do them right."
  • Through its advocacy, project funding, technical support, and by certifying best-in-class identity solutions, ID2020 is helping strengthen social and economic development globally.

ProMIS Neurosciences announces collaboration to develop serological test to assess COVID-19 immunity

Retrieved on: 
Wednesday, April 15, 2020

A test for COVID-19 immunity is essential to understanding patterns of immunity in the community and support an effective surveillance program, which public health authorities suggest is necessary to restart society.

Key Points: 
  • A test for COVID-19 immunity is essential to understanding patterns of immunity in the community and support an effective surveillance program, which public health authorities suggest is necessary to restart society.
  • A specific and sensitive test that could identify who has virus immunity and who remains at risk would enable normal societal function to recommence more effectively.
  • Community surveillance of COVID-19 is the largest unmet need of our decade, stated Dr. Neil Cashman, ProMIS Chief Scientific Officer.
  • ProMIS is listed on the Toronto Stock Exchange under the symbol PMN, and on the OTCQB Venture Market under the symbol ARFXF.

NCLA Amicus Brief Asks Supreme Court to Summarily Reverse Decision Granting Qualified Immunity to Police Officers Who Stole Money While Executing Search Warrant

Retrieved on: 
Wednesday, March 11, 2020

They are appealing from a Ninth Circuit Court of Appeals decision that granted the officers qualified immunity from being sued on the theory that the officers may not have known that their conduct was unconstitutional.

Key Points: 
  • They are appealing from a Ninth Circuit Court of Appeals decision that granted the officers qualified immunity from being sued on the theory that the officers may not have known that their conduct was unconstitutional.
  • NCLA believes the Ninth Circuit misapplied the Supreme Courts Saucier standard for analyzing the qualified immunity defense, which follows a two-step process.
  • First, the court is supposed to ask whether the victim has alleged a harm to his or her actual constitutional rights.
  • The Supreme Court justices do not like to stoop to error correction, but the consequences here are just too dire.

REPORT on the request for waiver of the immunity of Guy Verhofstadt - A9-0037/2020

Retrieved on: 
Wednesday, March 4, 2020

on the request for waiver of the immunity of Guy Verhofstadt (2019/2149(IMM)) The European Parliament, having regard to the request for waiver of the immunity of Guy Verhofstadt, submitted on 15 October 2019 by the Fifth Criminal Division of Warsaw-rdmiecie District Court, in connection with pending criminal proceedings further to civil proceedings brought before the same court (ref.

Key Points: 
  • on the request for waiver of the immunity of Guy Verhofstadt (2019/2149(IMM)) The European Parliament, having regard to the request for waiver of the immunity of Guy Verhofstadt, submitted on 15 October 2019 by the Fifth Criminal Division of Warsaw-rdmiecie District Court, in connection with pending criminal proceedings further to civil proceedings brought before the same court (ref.
  • X K 7/18), and announced in plenary on 13 November 2019, having heard Guy Verhofstadt in accordance with Rule 9(6) of its Rules of Procedure, having regard to Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union and Article 6(2) of the Act of 20 September 1976 concerning the election of the members of the European Parliament by direct universal suffrage, having regard to the judgments of the Court of Justice of the European Union of 21 October 2008, 19 March 2010, 6 September 2011, 17January 2013 and 30 April 2019[1], having regard to Rule 5(2), Rule 6(1) and Rule 9 of its Rules of Procedure, having regard to the report of the Committee on Legal Affairs (A9-0037/2020), A.whereas the Fifth Criminal Division of Warsawrdmiecie District Court, in Poland, has submitted a request for waiver of the parliamentary immunity of Guy Verhofstadt on the grounds of certain statements made by the latter on 15 November 2017 during a plenary debate at the European Parliament in Strasbourg; whereas the grounds for the order of the District Court state that, as it is for the applicant to obtain authorisation to commence proceedings, in this situation the Public Prosecutors Office should be considered the relevant authority, that if the public prosecutor does not intervene in the proceedings and the Court refuses to request that the immunity in question be waived, the civil applicant is deprived of the possibility of exercising his rights against persons protected by the immunity of the European Parliament and that the provision in question [Rule 9(12) of its Rules of Procedure] does not provide that the Court should draft such a request, but merely that it should transmit it.
  • Thus, the request for the waiver of parliamentary immunity in itself constitutes a purely formal transmission of a request from the civil applicant; noting therefore that the request for waiver of parliamentary immunity was communicated by the judicial authorities in accordance with Rule 9(12) of its Rules of Procedure, but drawing attention to the fact that, under Rule 9(1) of its Rules of Procedure, any request for waiver of parliamentary immunity must be submitted by a competent authority of a Member State, the two concepts not being identical; B.whereas Guy Verhofstadt has been accused, in civil proceedings brought before the said court by the authorised representative of a private applicant, of having rashly insulted that private applicant; whereas in statements that he made during a plenary debate on the state of the rule of law and democracy in Poland and which were disseminated by the media, Guy Verhofstadt described the participants in the Independence March in Warsaw in 2017 as fascists, neo-Nazis and white supremacists; whereas the applicant was among the participants in that march; C.whereas, in making those comments, Guy Verhofstadt allegedly publicly insulted the applicant in his absence and allegedly made accusations against the applicant which damaged his public reputation, as a result which the applicant considered himself to be in danger of forfeiting the trust necessary for the performance of duties, the exercise of a profession or engagement in a type of activity, which is an offence defined in Article 216(2) in conjunction with Article 212(2) in conjunction with Article 11(2) of the Polish Criminal Code; D.whereas parliamentary immunity is not a Members personal privilege but a guarantee of the independence of Parliament as a whole and of its Members; E.whereas, firstly, Parliament cannot be equated with a court, and, secondly, in the context of a procedure for the waiver of immunity, a Member of the European Parliament cannot be regarded as an accused[2]; F.whereas Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union stipulates that Members of the European Parliament shall not be subject to any form of inquiry, detention or legal proceedings in respect of opinions expressed or votes cast by them in the performance of their duties; G.whereas Guy Verhofstadt made his statements during a plenary session of the European Parliament, within the precincts where the plenary sitting itself was being conducted, in the performance of his duties as a Member of the European Parliament; H.whereas the statements by Guy Verhofstadt were therefore made in the context of his duties as a Member of and his work at the European Parliament; 1.Decides not to waive the immunity of GuyVerhofstadt; 2.Instructs its President to forward this decision and the report of its committee responsible immediately to the competent authority of the Republic of Poland and to GuyVerhofstadt.