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3d Cir 5th Cir absolute immunity doctrine acts allegations apply attorney Barr Bivens Butz cert cials clearly established law Columbia Circuit common law conduct Congress constitutional rights Consumers Union Cont Court held court of appeals D.C. Cir damages actions Davis Debate Clause defendant official defendant official's denied discovery discretion discretionary function district court District of Columbia Economou entitled executive immunity factual Fitzgerald Forsyth functional analysis Harlow ibid Imbler immu immunity appeal immunity concepts immunity decision immunity motion immunity that protects infra inquiry involving issue judge judicial immunity jury legislative immunity limited lower courts lst Cir Members ministerial Mitchell nity Nixon particular perform plaintiff Presidential immunity prosecution prosecutor protected by absolute qualified immunity claim question recognized remedy rule S.Ct Six Unknown Named sovereign immunity Spalding Speech or Debate statutory suits summary judgment supra Supreme Court Torts Branch trial United Unknown Named Agents violated clearly established Zweibon