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Senator Edward Kennedy — Part 22
Page 30
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O fe
The plaintiff has sued "everyone" from the executive,
legislative and judicial branches of. the federal governinent.
As
The President and Mrs. Reagan are entitled to absolute
immunity. This immunity does not depend on a parti¢ularized
functional analysis and because the immunity is grounded in
the constitution, it cannot be abrogated by statute. See
Nixon v. Fitzgerald, 457 U.S. 731. This: immunity encompasses
all actions of the President taken in his official capacity.
The plaintiff for some unfathomable reason also names Mrs.
Reagan as a defendant. There is little question Mrs. Reagan,
individually could not have in any way caused. injury to, the
plaintiff. The fact that he names her as a defendant should
give the Court an indication of the profound ludricousness of
the complaint.
B.
It appears the plaintiff also mentions the United States
Attorney and other executive branch officers for failure to
prosecute someone for something. Prosecutors enjoy a broad
absolute immunity from personal ability for advocatory
functions including whether to initiate prosecutions, (Imbler
v.. ‘Pachtman, 424 U.S. 409); investigative functions (Imbler);
administrative functions (Lavicky v.. Burnett, 758 F.2d 468
(10th Circ-1985).
- c.
Legislators (members of Congress) are protected by
absolute immunity. They are protected by an immunity that is
- -
7
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