And as bad as today’s ruling is, I think your proposed rule would be worse because it would create tons of liability for good faith government employees.
We can’t have a world where it’s unclear if an act is official until there’s some kind of review of its outcome. The act itself has to be official (or not).
Qualified immunity is unconstitutional
That said, it's obviously a false statement. By your argument, the president ordering flight 93 to be shot down on 9/11 would not be an official act. You might now retort something about extenuating circumstances, but really that would only show you to be entirely wrong about your original assertion.
I recommend you edit your posts to correct your mistake.
At a certain point the "constitutionality" doesn't matter; it's hard to make a case have a meaningful outcome when the plaintiff is dead.
He also passed an EO afterward which set up a legal framework retroactively justifying it.