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Fred Hampton — Part 3
Page 126
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122 Nos. 77-1698, 77-1210 & 77-1370
Under all of the circumstances, I would affirm the
contempt orders as to both Taylor and Haas.
7. Other contentions and issues. Judge Swygert’s
opinion correctly holds that the matter of whether
plaintiffs should recover attorneys’ fees must be de-
ferred until the final outcome of the litigation but does
allow such fees for the appellate work. Because of my
position on the merits of the appeal I would only allow
the appellate work fees commensurate with the work
involving the shooter defendants which would be the full
reasonable amount for the Hampton plaintiffs but which
would be substantially curtailed for the Anderson
plaintiffs.
Judge Swygert’s opinion also directs the district court
judge to whom the case is reassigned on remand “to give
the retrial high priority.” I assume that this can only
mean all possible priority and that we are not directing
the district court to disregard the numerous types of
litigation which might have statutory priority over this
civil suit. I should think, for example, that cases under
the so-called Speedy Trial Act would have precedence
over the instant litigation.
Because of the multiplicity of the claimed errors, at
least in the Anderson plaintiffs’ briefs, it is somewhat
difficult to be sure that all significant claims. have been.
addressed. I am not aware, however, of any, including
any of the various elaborating fragmentations, which
cause me to think that a new trial is indicated as to any
of the defendants except to the extent herein indicated.
8. Conclusion. It has not been a happy task to
disagree to the extent to which I have felt compelled
with the opinion of an esteemed brother judge but I
consider that this case has important overtones of
unbridled denigrating attacks on governmental officials.
I hope I have made it clear that I do not entertain the
idea that government officials should not have to answer
in some forum for abuse of power. I would agree that,
individual governmental officials who do not have
absolute immunity should anticipate that they will be
held accountable for monetary damages to those whom
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