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Fred Hampton — Part 3

251 pages · May 09, 2026 · Broad topic: General · Topic: Fred Hampton · 251 pages OCR'd
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Nos. 77-1698, 77-1210 & 77-1870 55 Attorney who aided him in these phases of his post-raid activity are absolutely immune from civil liability for their conduct. Other post-raid actions of these defendants, however, do not warrant absolute immunity. To the extent that plaintiffs can both show injuries arising from this con- duct and demonstrate that the defendants’ actions were illegal and unprotected by their qualified immunity, the defendants will be liable for damages. In particular, the State’s Attorney’s Office’s generation of post-raid publicity, which may have caused pre-trial prejudice to the plaintiffs and encouraged the alleged coverup of the true facts of the raid, is not protected by absolute im- munity. Barr v. Mateo, 360 U.S. 654 (1959), said that a federal official who, even maliciously, issues a false and damaging publication the issuance of which is within the parameters of his official duties, is absolutely im- mune from liability for libel. However, the Supreme Court this term noted that s a quite different question would have been pre- sented had the officer ignored an express stat- utory or constitutional limitation on his authori- Barr did not, therefore, purport to depart from the general rule, which long prevailed, that a federal official may not with impunity ignore the limitations which the controlling law has placed on his powers. Butz, supra at 4955. Thus, Barr does not control in this case where the state officials’ post-raid public relations activity allegedly violated specific statutory and con- stitutional guarantees. Further, the Supreme Court’s recent decisions in Butz and IJmbler do not suggest that a state prosecutor’s publicity actions should be absolutely immune from civil liability. In Butz, one of the actions plaintiff complained of was the defendants’ issuance of a deceptive press release. Butz, supra at 4958. And the language in Butz suggests that the defendants were absolutely immune for most of their conduct vis-a-vis the plaintiff. However, “the task of applying the foregoing principles” to the
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