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> the agents acting in their official capacities would likely be found to have immunity

You appear to be confusing the general concept of sovereign immunity with the much narrower concept of qualified immunity, which generally protects government employees from being sued personally for actions performed in their official capacities.

Qualified immunity doesn't apply to the government, to its agencies, nor to, for example, the Attorney General in his official capacity. It applies to real, live, human beings.



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