> Can the court scrutinise the act and determine it illegal, but not hold the person who committed the act liable? We do it all the time. Suppose that an agen

> Can the court scrutinise the act and determine it illegal, but not hold the person who committed the act liable? We do it all the time. Suppose that an agency writes a regulation. Someone sues and a court finds that said regulation is not supported by any regulation, that the regulation is illegal. We don't throw he person who wrote the regulation in jail.