Opinion

Virgil Norton, Virgil Wesley and James Chapman v. James P. McShane

  • 332 F.2d 855
Court
Court of Appeals for the Fifth Circuit
Filed
Jul 15, 1964
Status
Published
On the bench
Gewin, Rives, Wisdom, Gew-In
Cited by
166 cases

allegations of malice are not sufficient to prevent the application of immunity

How later courts described this case

  • allegations of malice are not sufficient to prevent the application of immunity
  • test is whether the “act [has] more or less connection with the general matters committed by law to the officer’s control or supervision, and [is not] manifestly or palpably beyond his authority”
  • Deputy United States Marshal absolutely immune from common law liability for malicious arrest and detention without probable cause
  • "In Nesmith immunity was not raised as a defense except as to one quasi-judicial officer, who was in fact held to be immune.”

Written by the judges who cited it.

The opinion

ON PETITION FOR REHEARING

PER CURIAM:

A rehearing en banc not being ordered, no formal order is entered as to the en banc consideration requested by appellants. See Rule 25a, Fifth Circuit.

The appellants’ petition for rehearing is

Denied.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.