JONES v. CLINTON

Nos. 95-1050, 95-1167.

72 F.3d 1354 (1996)

Paula Corbin JONES, Appellee-Cross-Appellant, v. William Jefferson CLINTON, Appellant-Cross-Appellee. Danny Ferguson, Defendant. United States of America; Akhil Reed Amar, Southmayd Professor of Law Yale Law School; Susan Low Bloch, Professor of Law, Georgetown Law School; Harold H. Bruff, Donald Phillip Rothschild Research Professor, George Washington University National Law Center; Susan Estrich, Robert Kingsley Professor of Law and Political Science, University of Southern California Law Center; Richard H. Fallon, Jr., Professor of Law, Harvard Law School; Daniel A. Farber, Henry J. Fletcher Professor & Associate Dean, University of Minnesota Law School; Philip P. Frickey, Faegre & Benson Professor, University of Minnesota Law School; Paul D. Gewirtz, Potter Stewart Professor of Constitutional Law, Yale Law School; Gerald Gunther, William Nelson Cromwell Professor, Stanford Law School; John C. Jeffries, Jr., Emerson G. Spies Professor and Horace W. Goldsmith Research Professor and Academic Associate Dean, University of Virginia School of Law; Sanford Levinson, W. St. John Garwood & W. St. John Garwood Jr. Regents Chair in Law, University of Texas School of Law; Burke Marshall, Nicholas deB. Katzenbach Professor Emeritus, Yale Law School; Judith Resnik, Orrin B. Evans Professor, University of Southern California Law Center; Suzanna Sherry, Earl R. Larson Professor, University of Minnesota Law School; Steven H. Shiffrin, Professor of Law, Cornell Law School; Kathleen M. Sullivan, Professor of Law, Stanford Law School; Laurence H. Tribe, Ralph S. Tyler, Jr. Professor of Constitutional Law, Harvard Law School; The American Civil Liberties Union Foundation; Stephen B. Burbank, Robert G. Fuller, Jr. Professor of Law, University of Pennsylvania Law School; William Cohen, C. Wendell and Edith M. Carlsmith Professor of Law, Stanford University Law School; Larry Kramer, Professor of Law, New York University Law School; Deborah J. Merritt, Professor of Law and Women's Studies, University of Illinois College of Law; Geoffrey P. Miller, Kirkland & Ellis Professor of Law, The University of Chicago Law School; Robert F. Nagel, Ira Rothgerber Professor of Constitutional Law, University of Colorado Law School; Richard Parker, Professor of Law, Harvard Law School; L.A. Scot Powe, Jr., Anne Green Regent Professor of Law, University of Texas Law School; Stephen B. Presser, Raoul Berger Professor of Legal History, Northwestern University School of Law; Ronald D. Rotunda, Albert E. Jenner, Jr. Professor of Law, University of Illinois College of Law; William Van Alstyne, William R. and Thomas C. Perkins Professor of Law, Duke University School of Law, Amicus Curiae.

United States Court of Appeals, Eighth Circuit.

Decided January 9, 1996.


Attorney(s) appearing for the Case

Robert Bennett, Fairfax, VA, argued, Carl S. Rauh, Alan Kriegel, Amy R. Sabrin and Stephen P. Vaughn, on brief, Washington, D.C., Kathlyn Graves and Stephen Engstrom, Little Rock, AR, on brief, for appellant.

Gilbert Davis, Fairfax, VA, argued, Joseph Cammarata and Daniel M. Traylor, Little Rock, AR, on brief, for appellee.

Before BOWMAN, ROSS, and BEAM, Circuit Judges.


BOWMAN, Circuit Judge.

We have before us in this appeal the novel question whether the person currently serving as President of the United States is entitled to immunity from civil liability for his unofficial acts, i.e., for acts committed by him in his personal capacity rather than in his capacity as President. William Jefferson Clinton, who here is sued personally, and not as President, appeals from the District Court's decision staying trial proceedings...

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