pierson ray argued january decided april together ray et al pierson et also certiorari petitioners fn members group white negro clergymen prayer pilgrimage promote racial integration attempted use segregated interstate bus terminal waiting room jackson mississippi arrested respondent policemen charged conduct breaching peace violation mississippi code held unconstitutional thomas mississippi applied similar facts petitioners waived jury trial convicted respondent municipal police justice appeal one petitioner accorded trial de novo following directed verdict favor cases petitioners dropped petitioners brought action district damages makes liable every person color law deprives another person civil rights common law false arrest imprisonment evidence showed ministers expected arrested entering segregated area though witnesses agreed petitioners entered waiting room peacefully petitioners testified crowd terminal whereas police testified threatening crowd followed petitioners jury found respondents appeal appeal held respondent police justice immunity judicial acts state common law policemen immunity state common law false arrest probable cause believe valid since required predict laws constitutional virtue monroe pape immunity state statute subsequently declared invalid remanded case officers new trial prejudicial petitioners ruled recover shown new trial gone mississippi anticipation illegally arrested held settled principle judge immune liability damages judicial acts abolished cf tenney brandhove pp defense good faith probable cause available police officers action false arrest imprisonment also available action monroe pape supra distinguished pp though officers required predict ruling thomas mississippi supra unconstitutional applied defense good faith probable cause available action follow count based thereon dismissed since evidence conflicting whether police acted good faith probable cause arresting petitioners pp petitioners consent arrest deliberately exercising right use waiting room peaceful manner expectation illegally arrested fn see infra carl rachlin argued cause petitioners respondents briefs melvin wulf elizabeth watkins hulen grayson argued cause respondents petitioners brief thomas watkins chief justice warren delivered opinion cases present issues involving liability local police officers judges civil rights act stat petitioners members group white negro episcopal clergymen attempted use segregated facilities interstate bus terminal jackson mississippi arrested respondents ray griffith nichols policemen city jackson charged violating mississippi code makes guilty misdemeanor anyone congregates others public place circumstances breach peace may occasioned thereby refuses move ordered police officer petitioners waived jury trial convicted offense respondent spencer municipal police justice given maximum sentence four months jail fine appeal petitioner jones accorded trial de novo county city produced evidence granted motion directed verdict cases petitioners dropped vindicated county petitioners brought action damages district southern district mississippi jackson division alleging respondents violated supra respondents liable common law false arrest imprisonment jury returned verdicts respondents counts appeal appeals fifth circuit held respondent spencer immune liability common law mississippi acts committed within judicial jurisdiction police officers noted mississippi code held unconstitutional applied similar facts thomas mississippi although thomas decided years arrest involved trial held policemen liable suit unconstitutional arrest even acted good faith probable cause making arrest state statute yet held invalid believed stern result required monroe pape count based common law mississippi however held policemen liable probable cause believe statute violated mississippi law require police officers predict peril state laws constitutional apparently dismissing claim appeals reversed remanded new trial claim police officers defense counsel allowed ministers various irrelevant prejudicial matters particularly including alleged convergence views racial justice communist party new trial however held ministers recover proved went mississippi anticipating illegally arrested action constitute consent arrest principle volenti non fit injuria consents wrong injured granted certiorari consider whether local judge liable damages unconstitutional conviction whether ministers denied recovery police officers acted anticipation illegally arrested also granted police officers petition determine appeals correctly held assert defense good faith probable cause action unconstitutional arrest evidence federal trial showed petitioners negro white episcopal clergymen undertook prayer pilgrimage new orleans detroit purpose pilgrimage visit church institutions places north south promote racial equality integration finally report church convention detroit letters leader group members indicate clergymen intended beginning go jackson attempt use segregated facilities bus terminal fully expected arrested group made plans based assumption arrested attempted peacefully exercise right interstate travelers use waiting rooms facilities bus terminal letters discussed arrangements bail matters relevant arrests ministers stayed one night jackson went bus terminal next morning depart chattanooga tennessee entered waiting room disobeying sign entrance announced white waiting room order police department turned enter small terminal restaurant stopped two jackson police officers respondents griffith nichols awaiting arrival ordered move ministers replied wanted eat refused move respondent ray police captain deputy chief police arrived minutes later ministers placed arrest taken jail witnesses including police officers agreed ministers entered waiting room peacefully engaged boisterous objectionable conduct white area conflicting testimony number bystanders present behavior petitioners testified crowd station one followed waiting room one uttered threatening words made threatening gestures police testified persons followed ministers terminal persons crowd dissatisfied ugly mood mumbling making unspecified threatening gestures police describe specific threatening incidents testified took action persons crowd threatening violence determined ministers cause violence might occur although ministers concededly orderly polite police claim beyond power control allegedly disorderly crowd arrests convictions followed lawsuit find difficulty agreeing appeals judge spencer immune liability damages role convictions record barren proof specific allegation judge spencer played role arrests convictions adjudge petitioners guilty cases came doctrines solidly established common law immunity judges liability damages acts committed within judicial jurisdiction recognized adopted doctrine bradley fisher wall immunity applies even judge accused acting maliciously corruptly protection benefit malicious corrupt judge benefit public whose interest judges liberty exercise functions independence without fear consequences scott stansfield ex quoted bradley fisher supra note judge duty decide cases within jurisdiction brought including controversial cases arouse intense feelings litigants errors may corrected appeal fear unsatisfied litigants may hound litigation charging malice corruption imposing burden judges contribute principled fearless intimidation believe settled principle law abolished makes liable every person color law deprives another person civil rights legislative record gives clear indication congress meant abolish wholesale immunities accordingly held tenney brandhove immunity legislators acts within legislative role abolished immunity judges acts within judicial role equally well established presume congress specifically provided wished abolish doctrine common law never granted police officers absolute unqualified immunity officers case claim entitled one claim rather liable acted good faith probable cause making arrest statute believed valid prevailing view country peace officer arrests someone probable cause liable false arrest simply innocence suspect later proved restatement second torts harper james law torts ward fidelity deposit maryland cir policeman lot unhappy must choose charged dereliction duty arrest probable cause mulcted damages although matter entirely free doubt consideration seem require excusing liability acting statute reasonably believed valid later held unconstitutional face applied appeals held officers limited privilege common law mississippi indicated recognized similar privilege except felt compelled hold otherwise decision monroe pape monroe pape presented question immunity however none decided complaint case alleged chicago police officers broke petitioners home early morning routed bed made stand naked living room ransacked every room emptying drawers ripping mattress covers allege monroe taken police station detained open charges hours interrogated murder taken magistrate though one accessible permitted call family attorney subsequently released without criminal charges preferred police officers choose go trial defend case hope convince jury believed good faith duty assault monroe family manner instead sought dismissal complaint contending principally activities plainly illegal state law act color statute ordinance regulation custom usage state territory required rejecting argument way intimated defense good faith probable cause foreclosed statute also held complaint dismissed failure state officers specific intent deprive person federal right holding related requirements pleading carried implications defenses available police officers went say paragraph read background tort liability makes man responsible natural consequences actions part background tort liability case police officers making arrest defense good faith probable cause hold defense good faith probable cause appeals found available officers action false arrest imprisonment also available action holding however mean count based thereon dismissed appeals ordered dismissal count theory police officers required predict decision thomas mississippi agree police officer charged predicting future course constitutional law petitioners case simply argue arrested statute later held unconstitutional claimed attempted prove police officers arrested solely attempting use white waiting room crowd present one threatened violence seemed cause disturbance officers defend theory believed good faith constitutional arrest ministers solely using waiting room rather claimed attempted prove arrest ministers purpose preserving custom segregation mississippi solely purpose preventing violence testified contradiction ministers crowd gathered imminent violence likely jury believed testimony officers disbelieved ministers jury found officers reasonably believed good faith arrest constitutional verdict officers follow even though arrest fact unconstitutional jury resolve factual issues favor officers reasons previously stated verdict influenced irrelevant prejudicial evidence accordingly case must remanded trial new trial necessary decide importance given new trial substantially undisputed fact petitioners went jackson expecting illegally arrested agree appeals somehow consented arrest anticipation illegally arrested even assuming went jackson bus terminal sole purpose testing rights unsegregated public accommodations case contains proof allegation way tricked goaded officers arresting petitioners right use waiting room jackson bus terminal deliberate exercise right peaceful orderly inoffensive manner disqualify seeking damages judgment appeals affirmed part reversed part cases remanded proceedings consistent opinion ordered every person color statute ordinance regulation custom usage state territory subjects causes subjected citizen person within jurisdiction thereof deprivation rights privileges immunities secured constitution laws shall liable party injured action law suit equity proper proceeding redress whoever intent provoke breach peace circumstances breach peace may occasioned thereby crowds congregates others hotel motel store restaurant lunch counter cafeteria sandwich shop place business engaged selling serving members public around free entrance place business public building building owned another individual corporation partnership association fails refuses disperse move disperse move ordered law enforcement officer municipality county act acts committed law enforcement officer state mississippi authorized person shall guilty disorderly conduct made misdemeanor upon conviction thereof shall punished fine two hundred dollars imprisonment county jail four months fine imprisonment ministers involved designated petitioners throughout opinion although respondents thomas various freedom riders arrested convicted circumstances substantially similar facts cases police testified ordered freedom riders leave feared onlookers might breach peace reversed without argument opinion citing boynton virginia boynton held racial discrimination bus terminal restaurant utilized integral part transportation interstate passengers violates interstate commerce act state enforcement discrimination barred supremacy clause respondents read opinion remanding new trial claim stated however officers immune liability false imprisonment common law liability violations federal statutes civil rights therefore follows new trial civil rights claim appellee police officers may determination fact issue whether appellants invited consented arrest imprisonment respondents challenge petition holding appeals new trial necessary prejudicial belatedly devoted section brief contention proper argument meritorious timely views communist party racial equality issue cases transcript record testimony officer griffith petitioners attempted suggest conspiracy judge spencer police officers questioning reasons finding petitioners guilty cases showing found freedom riders guilty similar circumstances previous cases proof conspiracy never went beyond suggestion inferences drawn judge spencer judicial decisions see transcript record since decision tenney brandhove supra courts appeals consistently held judicial immunity defense action see bauers heisel cir cases cited therein see caveat restatement second torts miller stinnett cir see golden thompson miss petition certiorari also presented question whether appeals correctly dismissed count based common law mississippi ordinarily review holding appeals matter state law find reason departing tradition case state claim case merely cumulative petitioners right recover invasion civil rights subject defense good faith probable cause adequately secured justice douglas dissenting think judges circumstances matter outrageous conduct immune suit stat ruling justified admitted need vigorous independent judiciary commanded doctrine judicial immunity follow inexorably prior decisions statute came books ku klux klan act april stat provides every person color state law custom subjects causes subjected citizen deprivation rights privileges immunities secured constitution laws shall liable party injured action law suit equity proper proceeding redress every person mean every person every person except judges despite plain import words decided tenney brandhove state legislators immune suit long deprivation civil rights caused person occurred legislators acting field legislators traditionally power act dissented creation judicial exception creation present one congressional purpose seems clear condition lawlessness existed certain people denied civil rights congress intended provide remedy wrongs perpetrated members unaware certain members judiciary implicated state affairs statute intended rectify often noted mmunity given crime records public tribunals searched vain evidence effective redress cong globe rainey south carolina noted courts many instances control wholly inimical impartial administration law equity congressman beatty ohio claimed duty congress listen appeals reason popular sentiment secret organizations prejudiced juries bribed judges obtain rights privileges due american citizen members supporting proposed measure apprehensive complete breakdown administration justice certain laws nondiscriminatory face applied discriminatory manner newly civil rights negro ignored constitution defied background section passed background interpreted said time statute enactment doctrine judicial immunity well settled congress presumed intended abrogate doctrine since clearly evince purpose view beset many difficulties assumes congress specify advance possible circumstances remedial statute might apply state cases within scope underlying view atomistic conception intention coupled may called pointer theory meaning view conceives mind directed toward individual things rather toward general ideas toward distinct situations fact rather toward significance human affairs situations may share view taken seriously regard intention draftsman statute directed dangerous weapons directed toward endless series individual objects revolvers automatic pistols daggers bowie knives etc applies statute weapon draftsman thought legislating interpreting even obviously apply statute weapon yet invented statute passed fuller morality law position congress intend change rule judicial immunity ignores fact every member congress spoke issue assumed words statute meant said judges liable many members congress objected statute imposed liability members judiciary arthur kentucky opposed measure hitherto judge held liable civilly criminally judicial acts provisions section every judge state enter upon pursue call official duty sword damocles suspended cong globe two three instances already civil rights bill state judges taken district sometimes upon indictment offense honestly conscientiously deciding law understood section intended perpetuate intended enlarge intended extend longer judge sitting bench decide causes decide free fear except impeachment never lies absence corrupt motive extended every judge state may liable dragged federal judge vindicate opinion mulcted damages federal judge shall think opinion erroneous language bill cong globe appendix first section certain cases judge state though acting oath office made liable suit federal subject damages decision suitor cong globe section purpose provide redress deprivation civil rights recognized certain members judiciary instruments oppression partially responsible wrongs remedied parade cases coming shows similar condition obtains state courts instruments suppression civil rights methods may changed means may become subtle wrong remedied still exists today decision dictated prior decisions ex parte virginia held judge excluded negroes juries held liable act march stat one civil rights acts assumed judge merely performing ministerial function went state judge liable statute even actions judicial one thing say doctrine judicial immunity defense cause action quite another say immunity rule defense liability congress imposed upon officer person ex parte virginia upon every person cases immunity today grants judiciary necessary preserve independent judiciary threat civil action lies background litigation argument goes judges reluctant exercise discretion judgment inherent position vital effective operation judiciary course protect member judiciary fact guilty using powers vent spleen upon others personal motive connected public good gregoire biddle deny recovery person injured ruling judge acting personal gain personal motives monstrous ibid argued absolute immunity necessary prevent chilling effects judicial inquiry threat inquiry whether fact judge unfaithful oath office thus necessary protect guilty well innocent doctrine separation powers course applicable relations coordinate branches government relations branches federal government see baker carr argument congress impose liability state judges deprivation civil rights thus based upon claim violate theory division powers federal state governments claim foreclosed cases recognizing congress power enforce provisions fourteenth amendment carry badge authority state monroe pape terms power congress see difference imposing liability state police officer monroe pape supra state judge question presented constitutional dimension solely question statutory interpretation argument actions public officials must subjected judicial scrutiny inhibiting effect work sophisticated manner saying king wrong chief justice cockburn long ago disposed argument liability deter judges believe judges fail discharge duty faithfully fearlessly according oaths consciences fear exposing actions law persuaded number actions infinitely small easily disposed hand easily conceive cases judicial opportunity might perverted abused purpose injustice sound principles authors wrong responsible parties wronged dawkins lord paulet cockburn dissenting far different saying judge shall immune consequences judicial actions shall liable knowing intentional deprivation person civil rights judge conspires local law enforcement officers railroad dissenter judge knowingly turns trial kangaroo one intentionally flouts constitution order obtain conviction congress think concluded evils allowing intentional knowing deprivations civil rights go unredressed far outweighed speculative inhibiting effects might attend inquiry judicial deprivation civil rights plight oppressed indeed serious city greenwood peacock defendant remove federal prevent state depriving civil rights rule announced today person recover damages deprivation remedial statutes liberally construed see generally llewellyn remarks theory appellate decision rules canons statutes construed vand rev llewellyn common law tradition appendix altered reviser prepared revised statutes printed statute refers every person rather person opinion ex parte virginia supra mention bradley fisher wall held judge held liable causing name attorney struck rolls bradley action brought civil rights acts justifications doctrine absolute immunity advanced preventing threat suit influencing decision protecting judges liability honest mistakes relieving judges time expense defending suits removing impediment responsible men entering judiciary necessity finality appellate review satisfactory remedy judge duty public individual judicial separation powers see generally jennings tort liability administrative officers rev historically judicial immunity corollary theory since king wrong judges delegates dispensing justice drawn question supposed corruption tends slander justice king floyd barker eng star chamber judges personal delegates king answerable alone randall brigham wall judge liable injury caused ministerial act immunity judge must performing judicial function see ex parte virginia harper james law torts presence malice intention deprive person civil rights wholly incompatible judicial function judge acts intentionally knowingly deprive person constitutional rights exercises discretion individual judgment acts longer judge minister prejudices