LEVEL TWO IMMUNITY

ABSOLUTE IMMUNITY WITH MALICE

In all of these instances, immunity is granted to the person responsible for the damage.This level of immunity can be characterized as having the following traits:

1) The person that is harmed is completely innocent and has been a model citizen.

2) The person harmed is harmed with particular malice. For example the person's property or the property of a loved one is damaged, or taken or the person suffers one of the following types of harm: the person is killed; raped; injured; the person's business is stolen or damaged; the person is falsely accused; the person's reputation is damaged; or the person's children are hurt, taken or damaged.

3) The violation should have been highly visible in the community, yet the official receiving immunity was able to control the press and suppress the incident either before or after the granting of immunity.

4) The official granting immunity was not only able to grant immunity but was politically successful at punishing the person who was harmed by forcing that person to pay for the costs of any trial that was held regarding the grant of immunity.