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Fred Hampton — Part 3
Page 57
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Nos. 77-1698, 77-1210 & 77-1370 53
cumspection. Grow v. Fisher, 528 F.2d 875 (7th Cir.
1975). We should be hesitant to expand the scope of of-
ficial activity which, from the perspective of a victim
seeking civil redress, stands beyond the constraints of
the Constitution. See generally Butz v. Economou, 46
U.S.L.W. 4952, 4960 (June 29, 1978). For us to hold
that all of the actions of the defendants in this case
should be immune from liability as a matter of law
would require us to expand radically the parameters
which the Supreme Court has set for the doctrine of of-
ficial immunity. This we are unwilling to do.
A. State Defendants: Absolute Immunity
State defendants Hanrahan, Jalovec, Meltreger, and
Sorosky (the Cook County State’s Attorney and three of
his assistants) contend that they cannot be found liable. .
for the damages alleged by plaintiffs because they enjoy
absolute immunity for their actions under the rule of
Imbler v. Pachtman, 424 U.S. 409 (1976). The other
state defendants claim .a qualified immunity. See
Procunier v. Navarette, 484 U.S. 555 (1978); Wodd v. °
Strickland, 420 U.S. 308 (1975); Scheuer v. Rhodes, 416
U.S. 232 (1974). We hold that the four state prosecutors ..
have absolute immunity from section 1983 liability for
some of their post-raid activities. Most of their allegedly
illegal actions, however—including all of their pre-raid
activities—must be tested by the standards of qualified
immunity.
The Supreme Court in Jmbler did not hold that all of-
ficial actions of a state prosecutor are absolutely im-
mune from section 1983 liability. Jmbler held only that a
prosecutor has absolute immunity “in initiating a
prosecution and in presenting the State’s case.” Imbler,
supra 424 U.S. at 431. See Briggs v. Goodwin, 569 F.2d 10
(D.C. Cir. 1977), cert. denied, 46 U.S.L.W. 3780 (June 20,
1978). (prosecutor’s immunity limited to his “advocacy”
functions). The Court left standing circuit decisions
which, by focusing on “the functional nature of the ac-
tivities” rather than the “status” of the prosecutor, held
that certain official actions by state prosecutors are en-
titled only to qualified immunity. Jmbler, supra, 424 U.S.
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