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Fred Hampton — Part 3
Page 213
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The doctrine of immunity for those performing federal functions
is for the protection of the public interest in the fearless, vigorous
and effective administration of policies of Government. Scheuer
Vs Rhodes, 416 U.S. 232, 241-242 (1974). ‘Throughout the development
of the immunity doctrine, one policy consideration has pervaded the
analysis: “the public interest requires decisions and action to
enforce laws for the protection of the public." Id. at 241. The
immunity doctrine thus protects federal officials not only from
unjustified liability, but alr Somer unnecessary trials which would
hamper them in the performance of their duties and thus injure the
public. See Butz v. Economou, supra, at 2906; Barr V- Matteo, 360
U.S. 564, at. 571 (1959); Procunier v. Navarette, 434 U.S. 555, 562
(1978); Maiorana v. MacDonald, supra. The Supreme Court has conse-
Guently insisted upon "firm application" of the Federal Rules of |
Civil Procedure to avoid unnecessary trials. Butz v. Economou, supra,
at 2911. Ignoring this directive, the panel decision here subjects
the ceaeaians defendants to another prolonged and: unnecessary trial upon
“the issue of their dnghirhanat liability.
The decision will have a chilling effect upon law enforcement.
As Judge Swygert's opinion time and again emphasizes, the federal
defendants were acting to supply information to =e State! Ss 4 Attorney® s
office pursuant to the directives and mandates of their superiors
(see, e-g., Slip Op. 12). Because the majority concludes that federal
appellees have not shown that they "should not have known" either that
appellants’ “rights existed or that their alleged conduct violated
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