In Scheuer v. Rhodes, 1973, the U.S. Supreme Court ruled that state officials do not have absolute immunity from federal lawsuits seeking damages for actions taken in violation of constitutional rights. The case arose out of the tragic events at Kent State University in Ohio on May 4, 1970 when National Guard troops shot and killed four students during a protest against the Vietnam War. Parents of two victims filed suit against several state officials including Governor James A. Rhodes alleging their children's constitutional rights were violated by use of excessive force to suppress dissenting speech and assembly. The defendants argued they were immune from such suits under the doctrine of sovereign immunity which traditionally protected government officers from liability for official acts unless consent was given to be sued. However, Justice Lewis F Powell Jr., writing for an unanimous court held that while some degree of protection is necessary to enable public servants perform duties without fear or intimidation; it does not extend absolute immunity especially where there are allegations as grave as deprivation of fundamental constitutional rights.

In the dissenting opinion for Scheuer v. Rhodes, Justice William O. Douglas argued that the case should have been dismissed because it was a political question and not within the jurisdiction of federal courts to decide. He contended that Governor James A. Rhodes' decision to call in National Guard troops during student protests at Kent State University in 1970 was an executive action protected by sovereign immunity, even if it resulted in deaths or injuries. According to Douglas, such decisions are inherently political and should be left up to voters rather than judges to evaluate their appropriateness or legality.