NCJ Number
13080
Journal
Hastings Law Journal Volume: 24 Issue: 5 Dated: (APRIL 1973) Pages: 987-1005
Date Published
1973
Length
19 pages
Annotation
EXAMINATION OF THE CONFLICTING MANNER IN WHICH THE IMMUNITY DOCTRINE HAS BEEN APPLIED TO OFFICERS PERFORMING POLICE FUNCTIONS.
Abstract
THIS VARIATION OF TREATMENT HAS CAUSED AN IRRATIONAL DOUBLE STANDARD IN THE TREATMENT OF FEDERAL AND STATE POLICE OFFICERS IN DAMAGE ACTIONS. THE NOTE FOCUSED UPON THE SECOND CIRCUIT'S RECENT DECISION IN 'BIVENS V. SIX UNKNOWN NAMED AGENTS OF THE FEDERAL BUREAU OF NARCOTICS', IN WHICH THE COURT DETERMINED THAT THE PROTECTION OF THE INDIVIDUAL CITIZEN AGAINST POLICE MISCONDUCT WEIGHED MORE HEAVILY THAN THE PUBLIC'S INTEREST IN AN UNINHIBITED AND UNHAMPERED POLICE FORCE. IN MAKING THIS JUDGMENT, THE COURT ALIGNED ITSELF WITH THE CIVIL RIGHTS ACT APPROACH TO THE IMMUNITY ISSUE AND THUS DENIED FEDERAL POLICE OFFICERS ABSOLUTE IMMUNITY. INSTEAD, THE COURT SUBSTITUTED A SPECIAL DEFENSE OF 'GOOD FAITH AND REASONABLE BELIEF'.