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.