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The federal appeals court in Denver rejected their claim of immunity.
See Helstoski v. Meanor, 442 U.S. 500 (1979) (claim of immunity under the Speech and Debate Clause); Abney v. United States, 431 U.S. 651 (1977) (claim of immunity under Double Jeopardy Clause).
In its earlier decision the Court of Appeals rejected petitioners' plea in bar grounded on a claim of immunity.
But in an opinion written by Judge Rosemary S. Pooler, the court said Judge Nickerson "dismissed too quickly under the heading of 'pettifogging' " the claim of immunity.
"But the very fact that he was arrested and that his claim of immunity was rejected has already changed the calculus of dictators around the world.
But if it appeared that they proceeded under an unconstitutional statute, their justification failed, and their claim of immunity disappeared on the production of the void statute.
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The question is how courts are to evaluate officials' claims of immunity from suit for constitutional violations.
The United States has sought, however, to balance claims of immunity against its own countervailing interest to address any injuries committed by foreign countries.
The many claims of immunity from suit have therefore been uniformly denied, where the action was brought for injuries done or threatened by public officers.
The lower courts in both cases had rejected claims of immunity that New York and Illinois had raised in defending suits under this 1963 law.
Connecticut, Illinois, New Mexico and Tennessee had all appealed rulings that had rejected their claims of immunity, and the justices summarily vacated those rulings while also turning down a challenge to an immunity decision that Minnesota had won in the lower court.
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