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Pardon me, but I find all this posturing about law and the legal process to be highly amusing.
Repeat after me: "motion to dismiss" is different from "summary judgment" which in turn is different from "trial." Got that? The issue here is subjecting actors to litigation risk (not liability) for good faith actions; it has nothing to do with immunizing intentional invasions of constitutional rights. The issue is how far into the discovery stage a plaintiff can get, or, put another way, what the pleading rules are for establishing a litigable claim for relief. This isn't a substantive readjustment of rights, and it's not elimination of an existing claim nor creation of a substantive right. If you get fucked by the phone company you can still sue, but you have to show that indeed you were fucked, not just treated shabbily, which is what phone companies do. What you can't do is fish around and make a PIA of yourself in the hope of getting a settlement.
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