Note:
Bruce Jones, Qualified Immunity for Federal Officials: A
Proposed Standard for Defamation Cases, 58 TEXAS L. REV. 789
(1980).
Abstract:
This note proposes a standard for deciding the immunity of
federal officials from suits for defamation. The author surveys
the history of official immunity, asserts that the traditional
distinction between common law and constitutional torts is
invalid, and argues that “qualified immunity” should be applied
regardless of the type of tort involved. He then proposes a new
form of “qualified immunity” which he deems peculiarly
appropriate for defamation suits against federal officials. The
note concludes by contending that regardless of the fate of
recently proposed amendments to the Federal Torts Claims Act,
the need for the proposed form of qualified immunity in
defamation cases will persist.