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Fred Hampton — Part 3
Page 63
63 / 251
Nos. 77-1698, 77-1210 & 77-1370 59
according to their own characterizations, law enforce-
ment officials investigating potential wrongdoing. It is a
firmly established rule that such activity by state law
enforcement officiais warrants only qualified immunity.
Pierson v. Ray, 386 U.S. 547 (1967). And as the Supreme
Court observed in Butz: “We see no sense ... in dis-
tinguishing between state and federal police par-
ticipating in the same investigation.” Butz, supra at
4958. Thus we conclude that the federal defendants in
this case are not absolutely immune from liability for
their actions and are protected only by the doctrine of
qualified official immunity.
C. Qualified Immunity
The test for applying the doctrine of qualified im-
munity to a given defendant was most recently restated
by the Supreme Court in Procunier v. Navarette, 434
U.S. 555 (1978). See also Wood v. Strickland, 420 U.S.
808 (1975); Scheuer v. Rhodes, 416 U.S. 282 (1974). The
Court in Procunier described the two circumstances in
which an official ordinarily insulated by qualified im-
munity would be exposed to section 1983 liability. First,
the Court said:
[T]he immunity defense would be unavailing to
petitioners if the constitutional right allegedly in-
fringed by them was clearly established at the time
of their challenged conduct, if they knew or should
have known of that right, and if they knew or
should have known that their conduct violated the
constitutional norm.
Procunier, supra, 484 U.S. at 562. See Wood, supra, 420
U.S. at 322. Alternatively, the Court stated that
qualified immunity is not available
where the official has acted with “malicious inten-
tion” to deprive the plaintiff of a constitutional
right or to cause him “other injury.” This part of
the rule speaks of “intentional injury,” con-
templating that the actor intends the consequences
of his conduct. See Restatement (Second) of Torts
§ 8A (1965).
Procunier, supra, 484 U.S. at 566.
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