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Fred Hampton — Part 3

251 pages · May 09, 2026 · Broad topic: General · Topic: Fred Hampton · 251 pages OCR'd
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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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