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Abstract

The law generally requires the payment of just compensation when one person wrongfully aggrieves another. That notion is based on the premise that individuals must be accountable for their own behavior, for "no man . . . is above the law." In sharp contrast to that policy there exists another and sometimes supervening policy, based on the doctrine of sovereign immunity, that exempts certain government officials from liability for their actions. The repugnance of denying a remedy to a wrongfully aggrieved party has led to limitations of the concept of absolute sovereign immunity. Recently, in Cleavinger v. Saxner, the United States Supreme Court limited the scope of sovereign immunity, holding that certain governmental officials were entitled only to qualified immunity.

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