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Fred Hampton — Part 3
Page 116
116 / 251
112 Nos. 77-1698, 77-1210 & 77-1370
substantially chilled if there should be the prospect of
becoming a defendant in a suit for monetary damages
whenever information concerning law violations is com-
municated by one agency or official to another ageney or
official having primary jurisdiction over the crime. °
At this point in the preparation of this dissent, I have
become confronted with an increasingly compelling
necessity to turn to other cases of this court with which I
am concerned, many of which have statutory priority
over this civil case, notwithstanding Judge Swygert’s
concluding admonition that upon remand this case
Should be given “high priority.” I have not requested,
nor have I been given, a respite from a full calen-
dar of sitting accompanied as that must be by the
necessity of preparing opinions or orders on at least one-
third of the cases on which I have sat. Therefore, while
not doing so happily because of my belief that sending
virtually the complete case back for another extended
trial constitutes a miscarriage of justice and a misuse of
the federal judicial facilities, I will endeavor simply to
outline as briefly as possible my remaining observations
on this case.3
1. Post-raid prosecutorial matters. An initial difficul-
ty for the plaintiffs here is that the occupants were in
possession of illegal firearms and were subject to prosecu-
tion. In any event, under Jmbler-v. Pachtman, 424 USS.
409 (1976), most of the post-raid direct prosecutorial
activities of the state’s attorney and his assistants
provided to them. absolute immunity from civil liability.
It is true that the Imbler Court expressly left open the
question of whether absolute immunity extended to a
* The incentive toward continuing a fuller discussion is not
encouraged by the realities of the situation being that there is
very little probability this case will not go back for that
retrial. Two of the eight active judges of this court have
disqualified themselves, two more, of course, are in the
majority of the present anel, and all four of the remaining
would have to vote to rehear the case en banc. Insofar as the
Supreme Court of the United States is concerned, the small
Percentage of the heavy volume of petitions for certiorari
which can be granted minimizes the likelihood in any case of
being successful in the pursuit of certiorari. ; ;
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