Opening Arguments The Complicated Web of Immunities That Makes Accountability So Difficult
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Jan 26, 2026 A deep dive into how criminal and civil paths diverge when a government worker harms someone. Short scenarios contrast battery and assault standards. The conversation breaks down self-defense rules, absolute versus qualified protections, and when conduct counts as state action. It also covers sovereign immunity, municipal carve-outs, and practical hurdles to holding officials accountable.
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Bar Fight Example To Explain Differences
- Janessa Seymour uses a bar-fight hypothetical with Thomas Smith to map civil and criminal differences.
- The simple scenario helps reveal how defenses and burdens diverge across law types.
Civil And Criminal Standards Differ
- Civil battery and criminal assault use different elements and burdens, so outcomes in one do not control the other.
- Janessa Seymour warns listeners not to conflate civil and criminal standards when evaluating cases.
Who Counts As A State Actor
- Whether a person is a state actor depends on duty and whether they acted under color of law.
- Janessa Seymour explains state actor status can extend even when authority is perceived rather than explicit.