Opinion

Shirley DAVIS, Plaintiff-Appellant, v. Otto E. PASSMAN, Congressman of the United States, Defendant-Appellee

  • 544 F.2d 865
  • 13 Empl. Prac. Dec. (CCH) 11,465
  • 14 Fair Empl. Prac. Cas. (BNA) 177
  • 1977 U.S. App. LEXIS 10713
Court
Court of Appeals for the Fifth Circuit
Filed
Jan 3, 1977
Status
Published
Author
Jones
On the bench
Brown, Jones, Goldberg
Cited by
52 cases

Modified on other grounds by Shirley DAVIS, Plaintiff-Appellant, v. Otto E. PASSMAN, Congressman of the United States, Defendant-Appellee, 571 F.2d 793 (1978)

firing of legislative aide not entitled to immunity because aide’s responsibilities not related to development and enactment of legislation

How later courts described this case

  • firing of legislative aide not entitled to immunity because aide’s responsibilities not related to development and enactment of legislation
  • extending Bivens to cover Fifth Amendment due process

Written by the judges who cited it.

The opinion

JONES, Circuit Judge

(dissenting):

It seems to me that the judges should refrain from wearing their robes in the halls of the Congress. The doctrine of separation of powers should, I believe, require the affirmance of the dismissal of the action.

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.

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