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Fred Hampton — Part 3
Page 92
92 / 251
88 Nos. 77-1698, 77-1210 & 77-1370
I do not join in directing the imposition of sanctions
under F. R. Civ. P. 87(bX2), although I would favor
directing the district court to give consideration to doing
so, on remand.
I would limit the holding that a prosecutor is not en-
titled to full immunity while performing “investigative”
functions to the investigative functions of the prosecutor
defendants described in this case.
PELL, Circuit Judge, dissenting in part, concurring in
part. :
It has been difficult for me to place this case in a
proper perspective, but following the effort to do so I am
convinced that the opinion written by Judge Swygert
reaches an incorrect result in a substantial number of
instances. Therefore while concurring in that opinion
wherein it affirms the district court’s judgment and
with regard to the reversal as to one group of defen-
. dants on one issue, I otherwise respectfully dissent, all
as set forth hereinafter. - :
The initial difficulty in acquiring a proper perspective,
indeed any kind of an overall view, of the case comes
from the sheer volume of material it has generated.
To begin with, the mass of documents, which is what
this court basically has to go on to make its decision, in-
cludes some 87,000 pages of evidence, plus exhibits
which we can only view visually as a cold record but
which was presented audibly to the district court bit by
bit, painstakingly and tediously, over the approximate
eighteen months that this civil case jury trial took. Next
we have before us the contentions of the parties in the so-
ealled briefs, occupying more than 800 pages. At this
point, the accumulation of additional paper might
appear to be drawing to a welcome close. There is vir-
tually no dispute as to the basic law applicable to the
a
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