stating that the due process clause of the Fifth Amendment "makes applicable to the federal government the equal protection limitations that the fourteenth amendment places on the actions of the states.”
How later courts described this case
- stating that the due process clause of the Fifth Amendment "makes applicable to the federal government the equal protection limitations that the fourteenth amendment places on the actions of the states.”
- noting that while issue of clearly established rights is question of law, defendant may still obtain qualified immunity in subsequent proceedings under "extraordinary circumstances" exception
- applying usual summary judgment rules after observing “Harlow substantially altered the standards governing motions for summary judgment in cases involving claims of qualified immunity”
- interpreting enforcement provisions of Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d-l
Written by the judges who cited it.
The opinion
TAMM, Circuit Judge,
dissenting:
For the reasons stated in my prior dissenting opinion in this case, 631 F.2d at 791-94, I would hold that the individual defendants are protected by absolute immunity. Accordingly, I respectfully dissent from the majority opinion. Because the Harlow standard for qualified immunity does not affect my position on the defendant’s absolute immunity, I need not discuss Harlow.