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Fred Hampton — Part 3
Page 211
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exceptional importance. In requiring the submission of the federal
appellees’ claim of qualifiea official immunity to the jury, the
panel's decision conflicts with both the spirit and letter of
well-established ned of authority typified by Butz v. Economou,
U.S. _, 98 S.Ct. 2894 (1978) ; and Maiorana v. MacDonald,
1/
F.2G° * (C.A.. I, Nos. 78-1424 and 78-1425, April 18, 1979),
which direct the "firm application" of the Ferien, ales of cali
Procedure to. avoid aT trials in immunity cases. Moreover, _
in allowing attorneys' fees ata purely interlocutory posture in
this case, the panel's decision is: in direct conflict with Grubbs
v- Butz, 548 F.2d 973 (C.A. D.c., 1976).
INTRODUCTION
‘This is. an action brought, inter alia, against FBI agents and
an FBI informant who,- pursuant. to FBI directives, supplied information
to State law enforcement officers. The State law enforcement officers
subsequently, pursuant.to a search warrant, conducted a search upon
the plaintiffs' apartment. That search allegedly was conducted in
an unlawful or unconstitutional manner, and resulted in the injuries
for which appellants seek relief.
After an eighteen-month trial, the district court granted a
directed verdict for the federal datendants upon the ground that each
had testified extensively, and denied any participation — plan,
agreement, or conspiracy to violate plaintiffs' constitutional or
~
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