wyatt cole argued january decided may assistance respondent robbins attorney respondent cole filed complaint mississippi replevin statute partner petitioner wyatt cole refused comply state order return wyatt property seized statute wyatt brought suit federal district challenging state statute constitutionality seeking injunctive relief damages among things held statute unconstitutional assumed cole subject liability lugar edmondson oil ruled private defendants invoking state replevin garnishment attachment statutes later declared unconstitutional act color state law liability purposes also intimated decide whether robbins subject liability however lugar left open question whether private defendants entitled qualified immunity suit cases see district held respondents entitled qualified immunity least conduct arising prior replevin statute invalidation appeals affirmed grant qualified immunity respondents without revisiting question liability held qualified immunity suit enunciated respect government officials available private defendants charged liability invoking state replevin garnishment attachment statutes immunity private defendants firmly rooted common law supported strong policy reasons create inference congress meant incorporate see owen city independence even sufficient common law support conclude private defendants entitled good faith probable cause defense suits unjustified harm arising misuse governmental processes still entitle respondents obtained courts type objectively determined immediately appealable qualified immunity suit accorded government officials harlow fitzgerald mitchell forsyth moreover policy concerns mandating qualified immunity officials cases need preserve officials ability perform discretionary functions ensure talented candidates deterred threat damages suits entering public service applicable private parties although may private defendants faced liability lugar supra entitled affirmative good faith defense suits private rather governmental parties require plaintiffs carry additional burdens issues neither decided pp remand must determined least whether respondents invoking replevin statute acted color state law within meaning lugar supra delivered opinion white blackmun stevens scalia kennedy joined kennedy filed concurring opinion scalia joined post rehnquist filed dissenting opinion souter thomas joined post jim waide argued cause petitioner briefs douglas magee alan morrison joseph leray mcnamara argued cause filed brief respondents justice delivered opinion lugar edmondson oil left open question whether private defendants charged liability invoking state replevin garnishment attachment statutes later declared unconstitutional entitled qualified immunity suit hold dispute arises soured cattle partnership july respondent bill cole sought dissolve partnership petitioner howard wyatt agreement reached cole assistance attorney respondent john robbins ii filed state complaint replevin wyatt accompanied replevin bond time mississippi law provided individual obtain order seizure property possessed another posting bond swearing state applicant entitled property adversary wrongfully took detain ed wrongfully detain ed property miss ch statute gave judge discretion deny writ replevin cole presented complaint bond ordered county sheriff seize head cattle tractor certain personal property wyatt several months later postseizure hearing dismissed cole complaint replevin ordered property returned wyatt cole refused comply wyatt brought suit federal district challenging constitutionality statute seeking injunctive relief damages respondents county sheriff deputies involved seizure district held statute failure afford judges discretion deny writs replevin violated due process sd miss dismissed suit government officials involved seizure ground entitled qualified immunity app also held cole robbins even otherwise liable entitled qualified immunity suit conduct arising prior statute invalidation appeals fifth circuit affirmed district grant qualified immunity private defendants granted certiorari resolve conflict among courts appeals whether private defendants threatened liability like certain government officials entitled qualified immunity suit like fifth circuit eighth eleventh circuits determined private defendants entitled qualified immunity see buller buechler jones preuit mauldin en banc vacated grounds first ninth circuits however held certain circumstances private parties acting color state law entitled immunity see downs sawtelle cert denied conner santa ana cert denied nowerton gabica sixth circuit rejected qualified immunity private defendants sued established good faith defense duncan peck ii title provides cause action person color statute state subjects causes subjected citizen deprivation rights privileges immunities secured constitution laws purpose deter state actors using badge authority deprive individuals federally guaranteed rights provide relief victims deterrence fails carey piphus lugar edmondson oil supra considered scope liability context garnishment prejudgment attachment replevin statutes case held private parties attached debtor assets pursuant state attachment statute subject liability statute constitutionally infirm noting garnishment prejudgment attachment replevin cases established private use state laws secure property constitute state action purposes fourteenth amendment held private defendants invoking attachment statute act color state law within meaning actions fairly attributable state requirement satisfied held two conditions met first deprivation must caused exercise right privilege created state rule conduct imposed state person state responsible ibid second private party must acted together obtained significant aid state officials engaged conduct otherwise chargeable state ibid found potential liability lugar attachment scheme created state private defendants invoking aid state officials attach disputed property willful participant joint activity state agents internal quotation marks omitted citing lugar district assumed cole invoking state statute acted color state law within meaning therefore liable damages deprivation wyatt due process rights app respect robbins noted action taken attorney representing client normally constitute act color state law attorney still person may conspire act color state law depriving another secured rights determine whether robbins liable however held cole robbins entitled qualified immunity suit least conduct prior statute invalidation although appeals review whether first instance cole robbins acted color state law within meaning affirmed district grant qualified immunity respondents appeals followed one prior cases folsom investment moore held defendant invoked attachment statute entitled immunity monetary liability long neither knew reasonably known statute unconstitutional folsom based holding two grounds first viewed existence common law probable cause defense torts malicious prosecution wrongful attachment evidence congress enacting intended subject liability good faith resorted legal process although acknowledged defense immunity maintained transfor common law defense extant time passage immunity ibid second held immunity private parties derived official immunity based important public interest permitting ordinary citizens rely presumptively valid state laws shielding citizens monetary damages reasonably resort legal process later held unconstitutional protecting private citizen liability role unconstitutional action marginal defending decision respondents advance arguments put forward appeals folsom neither availing iii section creates species tort liability face admits immunities imbler pachtman nonetheless accorded certain government officials either absolute qualified immunity suit tradition immunity firmly rooted common law supported strong policy reasons congress specifically provided wished abolish doctrine owen city independence quoting pierson ray parties seeking immunity shielded tort liability congress enacted civil rights act codified infer legislative silence congress intend abrogate immunities imposed liability actions taken color state law see tower glover imbler supra pulliam allen additionally irrespective common law support recognize immunity available common law history purpose counsel applying actions tower supra see also imbler supra determining whether immunity common law congress intended incorporate civil rights act look closely analogous torts case malicious prosecution abuse process common law torts provided causes action private defendants unjustified harm arising misuse governmental processes addison law torts cooley law torts bishop commentaries law pp respondents contend private parties instituted attachment proceedings subsequently sued malicious prosecution abuse process entitled absolute immunity good reason although public prosecutors judges accorded absolute immunity common law imbler pachtman supra protection extend complaining witnesses like respondents set wheels government motion instigating legal action malley briggs generally accepted rule one procured issuance arrest warrant submitting complaint held liable complaint made maliciously without probable cause nonetheless respondents argue common law private defendants defeat malicious prosecution abuse process action acted without malice probable cause therefore infer congress intend abrogate defenses enacted civil rights act adopted similar reasoning pierson ray held police officers sued false arrest entitled defense acted probable cause good faith making arrest statute reasonably believed valid recognized defense peace officers accorded protection liability common law arrested individual good faith even innocence person later established ibid rationale adopted pierson avail respondents even sufficient common law support conclude respondents like police officers pierson entitled good faith defense still entitle sought obtained courts qualified immunity suit accorded government officials harlow fitzgerald harlow altered standard qualified immunity adopted prior cases recognized subjective element good faith defense frequently prove incompatible admonition insubstantial claims proceed trial attendant harms government effectiveness caused lengthy judicial inquiry subjective motivation concluded bare allegations malice suffice subject government officials either costs trial burdens discovery accordingly held government officials performing discretionary functions shielded liability civil damages insofar conduct violate clearly established statutory constitutional rights reasonable person known wholly objective standard concluded avoid excessive disruption government permit resolution many insubstantial claims summary judgment ibid harlow completely reformulated qualified immunity along principles embodied common law anderson creighton reinforced decision mitchell forsyth mitchell held harlow established immunity suit rather mere defense liability like absolute immunity effectively lost case erroneously permitted go trial emphasis supplied thus held mitchell denial qualified immunity immediately appealable type objectively determined immediately appealable immunity respondents asserted precedents make clear reasons recognizing immunity based simply existence good faith defense common law special policy concerns involved suing government officials harlow supra mitchell supra reviewing concerns conclude rationales mandating qualified immunity public officials applicable private parties qualified immunity strikes balance compensating injured official conduct protecting government ability perform traditional functions harlow supra pierson supra anderson supra accordingly recognized qualified immunity government officials necessary preserve ability serve public good ensure talented candidates deterred threat damages suits entering public service see wood strickland denial qualified immunity school board officials contribute principled fearless decisionmaking intimidation quoting pierson supra butz economou immunity presidential aides warranted partly protect officials required exercise discretion related public interest encouraging vigorous exercise official authority mitchell supra immunity designed prevent distraction officials governmental duties inhibition discretionary action deterrence able people public service quoting harlow supra short qualified immunity recognized harlow acts safeguard government thereby protect public large benefit agents rationales transferable private parties although principles equality fairness may suggest respondents argue private citizens rely unsuspectingly state laws create may reason believe invalid protection liability government counterparts interests sufficiently similar traditional purposes qualified immunity justify expansion unlike school board members see wood supra police officers see malley briggs presidential aides see butz supra private parties hold office requiring exercise discretion principally concerned enhancing public good accordingly extending harlow qualified immunity private parties bearing whether public officials able act forcefully decisively jobs whether qualified applicants enter public service moreover unlike government officials performing discretionary functions public interest unduly impaired private individuals required proceed trial resolve legal disputes short nexus private parties historic purposes qualified immunity simply attenuated justify extension doctrine immunity reasons offer relief today question granted certiorari narrow one hether private persons conspire state officials violate constitutional rights available good faith immunity applicable public officials pet cert precise issue encompassed question issue decided lower courts whether qualified immunity enunciated harlow available private defendants faced liability invoking state replevin garnishment attachment statute answer holding however foreclose possibility private defendants faced liability lugar edmondson oil entitled affirmative defense based good faith probable cause suits private rather governmental parties require plaintiffs carry additional burdens issues fairly us however leave another day cf yee escondido iv indicated district assumed lugar edmondson oil supra cole liable invoking state replevin bond statute intimated decide whether robbins also subject liability appeals never revisited question instead concluded respondents entitled qualified immunity least conduct prior statute invalidation overturn judgment must remand since remains determined least whether cole robbins invoking replevin statute acted color state law within meaning lugar judgment appeals reversed case remanded proceedings consistent opinion ordered footnotes arguing respondents entitled qualified immunity harlow fitzgerald dissent mixes apples oranges even agree dissent proposition elements plaintiff required prove part case chief somehow construed defense post defense entitles private citizens protection liability agree respondents entitled immunity suit harlow one reasonably infer fact plaintiff malicious prosecution abuse process action failed affirmatively establish malice want probable cause plaintiffs bringing analogous suit required make similar showing sustain cause action alternatively one accepts dissent characterization common law establishing affirmative defense private defendants one also conclude private parties sued likewise entitled assert affirmative defense based similar showing good faith probable cause neither case however appropriate make dissent leap common law torts partially included objective component probable cause private defendants sued entitled objectively determined immediately appealable immunity suit accorded certain government officials harlow justice kennedy justice scalia joins concurring join opinion find separate statement views required agree chief justice writes dissent respecting historical origins qualified immunity jurisprudence submit question presented us requires reverse judgment majority holds indeed result reached quite consistent view proper application history chief justice relates dissent recognize original decisions recognizing defenses immunities suits brought rely analogous limitations existing common law enacted see ante post tenney brandhove held eradicated absolute immunity granted legislators common law pierson ray recognized police officers sued false arrest available described defense good faith probable cause based reasonable belief statute acted constitutional pierson allowed defense respect analogous common law tort decided officers available similar defense defense evolved modern qualified immunity doctrine ante immunity doctrine rooted historical analogy based existence common law rules rather freewheeling policy choice malley briggs cases involving absolute immunity adhere view granting immunity extent consistent historical practice ibid burns reed hafer melo context qualified immunity public officials however diverged substantial degree historical standards harlow fitzgerald completely reformulated qualified immunity along principles embodied common law replacing inquiry subjective malice frequently required common law objective inquiry legal reasonableness official action anderson creighton transformation justified special policy concerns arising public officials exposure repeated suits harlow supra ante dissent today case argues similar considerations justify transformation common law standards context private party defendants post agree need decide whether appropriate harlow depart history name public policy reshaping immunity doctrines light policy considerations extend approach contexts harlow decided time standards applicable summary judgment made difficult defendant secure summary judgment regarding factual question subjective intent even plaintiff bore burden proof question harlow relied fact adopting objective standard qualified immunity however subsequent clarifications summary judgment law alleviated problem allowing summary judgment entered nonmoving party fails make showing sufficient establish existence element essential party case party bear burden proof trial celotex catrett principles set forth celotex related cases strength factual allegations subjective bad faith tested stage must remembered unlike common law judges whose doctrines adopt devising limitations remedial statute enacted congress face provide immunities malley supra emphasis original imported common law doctrines past conclusion congress enacted acted light existing legal principles owen city independence suggests however may transform existed common law based notions policy efficiency conclusions mere consequence historical principles described dissent chief justice common law tort actions analogous action commenced malicious prosecution abuse process post common law actions essential plaintiff prove wrongdoer acted malice without probable cause post chief justice something misnomer describe common law creating defense fact concerned essence wrong essential elements tort malice element required plaintiff show challenged action undertaken unlawful purpose though require showing towards plaintiff bishop commentaries law establish absence probable cause plaintiff required prove reasonable person knowing defendant believed prosecution suit wellgrounded defendant fact acted belief suit prosecution question without probable cause cases subject beginning harlow fitzgerald diverge common law two ways first chief justice acknowledges modern qualified immunity turn upon subjective belief defendant post second immunity diverges common law model requiring defendant plaintiff bear burden proof issue supra page decision impose requirements rule immunity implications though well beyond mere determination one party better position bear burden proof implicates well law definition wrong common law action lay essence wrong injury caused suit prosecution commenced without probable cause knowledge baseless cast issue terms immunity however imply wrong committed redressed difference fundamental stake concept society considers proper conduct beneath nomenclature lie considerations substance harlow cast immunity case involving suit officers government immunity distinct say defense merits element plaintiff cause action legal inquiry decided rather jury interlocutory appeal available defendants mitchell forsyth whether correct diverge respects common law model governmental agents defendants adopt automatic rule analysis applies suits private persons see ante casting rule immunity imply underlying conduct unlawful debatable proposition case private citizen may acted good faith reliance upon statute defined immunity also eliminate case demonstration subjective good faith common law however plaintiff prove subjective bad faith part defendant gone far towards proving malice lack probable cause moreover question defendant beliefs almost always one jury stewart sonneborn true good faith may difficult establish face showing objective standpoint reasonable person acted defendant many cases result either test stewart describes instances probable cause turns subjective intent exceptional case ibid post mean however may deprive plaintiffs opportunity make case cases eliminating defense based subjective good faith make real difference instant case alleged reliance statute deemed valid provides example seems problematic say defendant relieved liability automatic rule immunity objective reliance upon statute reasonable defendant fact knowledge invalidity burden proof question plaintiff question may resolved summary judgment plaintiff come forward facts bad faith inferred question factual one plaintiff may rely circumstantial rather direct evidence make case siegert gilley kennedy concurring judgment rule course also works reverse existence statute thought valid allow defendant argue acted subjective good faith entitled exoneration matter objective test distinction draw important support common law proposition private individual reliance statute prior judicial determination unconstitutionality considered reasonable matter law therefore circumstances case lack probable cause shown proof subjective bad faith birdsall smith thus subjective element dismissed exceptional dissent may rule rather exception join opinion believe nothing contrary say opinion see ante foreclose possibility private defendants faced liability entitled affirmative defense based good faith probable cause suits private parties require plaintiffs carry additional burdens though described issue immunity district appeals treated question one law app appeals particular placed heavy reliance policy considerations favoring rule citizens may rely statutes presumed valid ibid latter inquiry birdsall recognizes however goes mainly question objective reasonableness understand either district appeals make unequivocal finding respondents us acted subjective good faith filed suit mississippi replevin statute furthermore question granted certiorari narrow one whether private defendants suits entitled qualified immunity applicable public officials ante course subject objective standard harlow fitzgerald view answer question though might later determined triable issue fact save plaintiff case matter us remand open least theory argue defendants bad faith eliminates reliance statute open defendants show good faith even construct reasonable defendants position acted different way agree case must remanded proceedings chief justice rehnquist justice souter justice thomas join dissenting notes recognized immunity context two circumstances first similarly situated defendant enjoyed immunity common law time adopted ante second important public policy concerns suggest need immunity ante believe requirements explained prior decisions satisfied dissent first think clear time adopted generally available private parties good faith defense torts malicious prosecution abuse process see authorities cited ante malley briggs noting generally accepted rule common law person held liable complaint made maliciously without probable cause pierson ray noting common law police officer sued false arrest rely good faith making arrest willing assume much ante thinks insufficient sustain respondents claim immunity qualified immunity respondents seek equivalent defense ante think errs suggesting availability good faith defense time adoption sufficient support claim immunity case respondents principally rely pierson considered whether police officer sued false arrest rely showing good faith order escape liability concluded officer rely good faith based large part fact good faith defense available common law best ambiguous whether recognizing defense immunity compare criticizing appeals concluding immunity available recognizing good faith defense initial ambiguity however certainly eliminated subsequent cases doubt qualified immunity officer entitled see malley supra similarly wood strickland recognized lthough differing emphases formulations common law immunity general recognition state law public officers entitled good faith defense sufficient support recognition immunity thus unlike think prior precedent establishes demonstration good faith defense available time adopted fact provide substantial support contemporary defendant claiming entitled qualified immunity analogous context refuse recognize immunity history purpose counsel applying ante see history purpose counsel indeed loss understand accomplished today decision needlessly fastidious adherence nomenclature given acknowledges good faith defense available respondents assert remand respondents presumably required show traditional elements good faith defense either acted without malice acted probable cause see supra stewart sonneborn prosser law torts ed first element maliciousness encompasses inquiry subjective intent bringing suit stewart supra prosser supra quite often includes inquiry defendant subjective belief whether believed success likely see addison law torts proof absence belief truth charge person making almost always involved proof malice second element probable cause focuses principally objective reasonableness stewart supra prosser supra thus respondents successfully defend suit simply establishing reliance replevin statute objectively reasonable someone knowledge circumstances precisely showing entitles public official immunity harlow fitzgerald official must show action violate clearly established statutory constitutional rights reasonable person known see reason defense may asserted early proceedings motion summary judgment claim qualified immunity may provided historical facts dispute presence absence probable cause long acknowledged question law stewart supra addison supra bishop commentaries law see reason trial judge may resolve summary judgment motion premised good faith defense encouraged trial judges respect qualified immunity claims harlow supra thus private defendants invoked state attachment law put position whether recognize entitled qualified immunity instead recognize good faith defense perhaps believes defense less amenable summary disposition immunity perhaps believes defense issue must submitted jury see ante referring cases proceed ing trial see reason given probable cause legal question true today decision manage increase litigation costs needlessly hapless defendants turn leads second basis previously recognized qualified immunity reasons public policy assuming practical difference result recognizing defense immunity think step neither dictated prior decisions desirable true points abandoning strictly historical approach immunities often explained decision recognize immunity terms special needs public officials cases simply answer question issue whether similar even completely unrelated reasons public policy warrant immunity private parties well believe reasons normal presumption attaches law society benefited private parties rely law provide remedy rather turning form private perhaps lawless relief denying immunity reasonably rely presumptively valid state law thereby discouraging reliance expresses confidence today decision unduly impai public interest share confidence thought beyond peradventure strong public interest encouraging private citizens rely valid state laws reason doubt validity buller buechler folsom investment moore second police officer making arrest believe private plaintiff lot unhappy must forgo recovery property believes properly recoverable available legal processes mulcted damages pierson belief turns mistaken one appeals pointed least passing strange conclude private individuals acting color law invoke state garnishment statute aid state officers see lugar edmondson oil yet deny immunity state officers entitled simply private parties state employees buller supra strangeness may laid doorstep decision lugar see burger dissenting powell dissenting reason proceed still path jurisprudence gone far afield indeed subjects private parties greater risk public counterparts despite fact historic purpose prevent state officials using cloak authority state law violate rights protected state infringement emphasis added see also monroe pape find today decision dictated neither precedent sound considerations public policy dissent describing common law providing defense something misnomer common law plaintiff burden establish elements tort defendant acted malice without probable cause cooley law torts bishop commentaries law referring defendant good faith defense useful shorthand capturing plaintiff burden related notion defendant avoid liability establishing either lack malice presence probable cause perhaps one small difference historic inquiry modern qualified immunity inquiry common law plaintiff show lack probable cause either showing actual facts amount probable cause objective inquiry showing defendant lacked sincere belief probable cause existed subjective inquiry bishop commentaries law relying subjective belief rather objective lack probable cause clearly exceptional see stewart sonneborn describing subjective basis finding lack probable cause exception general rule see reason base decision whether extend contemporary objectively based qualified immunity exceptional case