In addition to statutory and constitutional claims, there are common law torts. Intentional infliction of emotional distress, defamation of character, and invasion of privacy are examples of common law torts recognized in many states. Federal government officials are protected by official immunity from common law torts. Official immunity is absolute immunity from common law tort actions. It may be asserted by any public official for those acts taken in furtherance of an official duty that is discretionary in nature.

Official immunity does not apply to ministerial acts. Do not confuse statutory, constitutional, and common law immunities. For claims arising under the Constitution and laws of the United States, individuals may be immune under judicial, prosecutorial, or legislative immunity. This immunity may be either absolute or qualified. Absolute immunity applies if the act sued for involved the exercise of a discretionary function.