Everyone on Free Republic is a Constitutional authority. However, the issue involved here is the question of immunity of governmental officials for acts committed while in office. I suppose every state has its own rules. Here's something I found from some kind of manual put out by the Dep't of Justice regarding federal employees: Immunity of Government Officers Sued as Individuals for Official Acts.
This has no bearing on the situation of the school board in Dover, but it gives some clues as to the issues that may be involved, that is: (1) is there a state statute that grants them immunity? (2) if so, is it limited to acts that don't violate the state or Federal Constitutions? I suppose that last question would be a killer. Those Dover bozos may have some real exposure.
Not to mention misspeaking under oath.