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Fred Hampton — Part 3
Page 62
62 / 251
58 Nos. 77-1698, 77-1210 & 77-1370
earlier, supra at 55, the Supreme Court recently ex-
plained that Barr does not afford protection to a federal
official who has exceeded an express statutory or con-
stitutional limitation on his authority. “[A] federal of-
ficial may not with impunity ignore the limitations
which the controlling law has placed on his powers.”
Butz, supra at 4955. Plaintiffs have presented con-
siderable evidence to support their allegations that the
federal defendants violated both constitutional and
statutory limitations on their authority. Thus, the ab-
solute immunity granted to federal officials pursuant to
Barr does not apply to the federal defendants in ‘this
case.
Butz made clear that federal officials should receive no
more judicial protection from liability for violating an
individual’s civil rights than their state counterparts.
The Court stated:
. . . in the absence of congressional direction to the
contrary, there is no basis for according to federal
officials a higher degree of immunity from liability
when sued for a constitutional infringement as
authorized by Bivens than is accorded state officials
when sued for the identical violation under § 1983.
Id. at 4958.22 It must be remembered, though, that while
Butz concluded that federal officials exercising discre-
tion generally are protected only by qualified immunity
for their official actions, there are “exceptional
situations” where “absolute immunity is essential for the
conduct of public business.” Jd. at 4960. The situation of
these federal defendants is not exceptional. They were,
% The Butz Court held that a federal official’s exposure to
civil liability under Bivens v. Sia Unknown Named Agents of
the Federal Bureau of Narcotics, 403 U.S. 388 (1971), should
be the same as a state official’s exposure under section 1983.
In the instant case, the plaintiffs not only are seeking
damages from the federal defendants under Bivens, but also
are alleging that the federal defendants, by conspiring with
state officials to violate the plaintiffs’ civil rights, violated
section 1983. We see no reason, given: the Court’s reasoning in
Butz, to give different official immunity treatment to federal
violators of section 1983 than to state violators.
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