butz economou argued november decided june unsuccessful department agriculture proceeding revoke suspend registration respondent commodity futures commission company respondent filed action damages district petitioner officials including secretary assistant secretary agriculture judicial officer chief hearing examiner recommended sustaining administrative complaint department attorney prosecuted enforcement proceeding alleging inter alia instituting unauthorized proceedings violated various constitutional rights district dismissed action ground individual defendants federal officials entitled absolute immunity discretionary acts within scope authority appeals reversed holding defendants entitled qualified immunity available counterparts state government held neither barr matteo spalding vilas supports petitioners contention federal officials sued case absolutely immune liability damages even course enforcing relevant statutes infringed respondent constitutional rights even violation knowing deliberate either cases purport abolish liability federal officers actions manifestly beyond line duty accountable stray beyond plain limits statutory authority incongruous hold may nevertheless willfully knowingly violate constitutional rights without fear liability pp without congressional directions contrary untenable draw distinction purposes immunity law suits brought state officials scheuer rhodes suits brought directly constitution federal officials bivens six unknown fed narcotics agents federal officials enjoy greater zone protection violate federal constitutional rules state officers pp suit damages arising unconstitutional action federal executive officials exercising discretion entitled qualified immunity specified scheuer rhodes supra subject exceptional situations demonstrated absolute immunity essential conduct public business federal officials liable mere mistakes judgment whether mistake one fact one law substantial basis holding executive officers generally may impunity discharge duties way known violate constitution manner know transgresses clearly established constitutional rule pp although qualified immunity damages liability general rule executive officials charged constitutional violations officials whose special functions require full exemption liability pp light safeguards provided agency adjudication assure hearing examiner administrative law judge exercises independent judgment evidence free pressures parties officials within agency risk unconstitutional act one presiding agency hearing clearly outweighed importance preserving independent judgment therefore persons subject restraints performing adjudicatory functions within federal agency entitled absolute immunity damages liability judicial acts pp agency officials perform functions analogous prosecutor must make decision move forward administrative proceeding free intimidation harassment legal remedies already available defendant proceeding provide sufficient checks agency zeal officials responsible decision initiate continue proceeding subject agency adjudication entitled absolute immunity damages liability parts decision pp substantial difference function agency attorney presenting evidence agency hearing function prosecutor brings evidence since administrative agencies act public interest adjudicate basis complete record agency attorney arranges presentation evidence record course adjudication absolutely immune suits based introduction evidence pp case remanded application foregoing principles claims particular involved white delivered opinion brennan marshall blackmun powell joined rehnquist filed opinion concurring part dissenting part burger stewart stevens joined post deputy solicitor general friedman argued cause petitioners briefs solicitor general mccree assistant attorney general babcock robert kopp barbara herwig david buxbaum argued cause filed brief respondents justice white delivered opinion case concerns personal immunity federal officials executive branch claims damages arising violations citizens constitutional rights respondent filed suit number officials department agriculture claiming instituted investigation administrative proceeding retaliation criticism agency district dismissed action ground individual defendants federal officials entitled absolute immunity discretionary acts within scope authority appeals reversed holding defendants entitled qualified immunity available counterparts state government economou department agriculture importance immunity doctrine vindication constitutional guarantees effective functioning government granted certiorari respondent controls arthur economou one time registered department agriculture commodity futures commission merchant respondent factual allegations lawsuit focus earlier administrative proceeding department agriculture sought revoke suspend company registration february following audit department agriculture issued administrative complaint alleging respondent registered merchant willfully failed maintain minimum financial requirements prescribed department another audit amended complaint issued june hearing held chief hearing examiner department filed recommendation sustaining administrative complaint judicial officer department secretary delegated decisional authority enforcement proceedings affirmed chief hearing examiner decision respondent petition review appeals second circuit vacated order judicial officer reasoned essential finding willfulness made proceeding instituted without customary warning letter judicial officer conceded might well resulted prompt correction claimed insufficiencies economou department agriculture administrative complaint pending judicial officer respondent filed lawsuit federal district respondent sought initially enjoin progress administrative proceeding unsuccessful regard march respondent filed second amended complaint seeking damages named defendants individuals served secretary assistant secretary agriculture relevant events judicial officer chief hearing examiner several officials commodity exchange authority agriculture department attorney prosecuted enforcement proceeding several auditors investigated respondent witnesses respondent complaint stated prior issuance administrative complaints respondent sharply critical staff operations defendants carried vociferous campaign reform defendant commodity exchange authority obtain effective regulation commodity trading app complaint also stated time prior issuance february complaint respondent company ceased engage activities regulated defendants complaint charged administrative complaints issued without notice warning required law defendants furnished complaints interested persons others without furnishing respondent answers well following issuance amended complaint defendants issued deceptive press release falsely indicated public respondent financial resources deteriorated defendants knew statement untrue acknowledge previously said assertion untrue ibid complaint presented causes action purported state claims damages constitution example first cause action alleged respondent denied due process law defendants instituted unauthorized proceedings without proper notice knowledge respondent longer subject regulatory jurisdiction third cause action stated means actions defendants discouraged chilled campaign criticism plaintiff directed thereby deprived plaintiff rights free expression guaranteed first amendment constitution defendants moved dismiss complaint ground individual defendants barred doctrine official immunity defendants relied affidavit submitted earlier litigation attorney prosecuted original administrative complaint respondent stated secretary agriculture involvement case named defendants acted within course official duties district apparently relying plurality opinion barr matteo held individual defendants entitled immunity show alleged unconstitutional acts within outer perimeter authority discretionary app pet cert examining nature acts alleged complaint district concluded since individual defendants shown alleged unconstitutional acts within scope authority discretionary dismiss second amended complaint appeals second circuit reversed district judgment dismissal respect individual defendants economou department agriculture appeals reasoned barr matteo supra represen last word evolving area principles governing immunity officials executive branch elucidated later decisions dealing constitutional claims state officials pierson ray scheuer rhodes wood strickland opinions understood establish officials executive branch exercising discretionary functions need protection absolute immunity suit qualified immunity based good faith reasonable grounds appeals rejected proposed distinction suits state officials sued pursuant suits federal officials constitution noting ther circuits also concluded development official immunity doctrine suits state officials applies equal force federal officers sued cause action derived directly constitution since types suits serve function protecting citizens violations constitutional rights government officials appeals recognized imbler pachtman state prosecutors entitled absolute immunity damages liability reasoned agriculture department officials performing analogous functions require immunity cases turned documentary proof veracity witnesses work generally involve constraints time information present criminal cases concluded defendants adequately protected permitting avail defense qualified good faith reasonable grounds immunity type approved scheuer wood noting summary judgment available defendants genuine factual issues trial appeals remanded case proceedings ii single submission behalf petitioners federal officials sued case absolutely immune liability damages even course enforcing relevant statutes infringed respondent constitutional rights even violation knowing deliberate although position earnestly ably presented quite sure unsound consequently reject bivens six unknown fed narcotics agents victim arrest search claimed violative fourth amendment brought suit damages responsible federal agents repeating declaration marbury madison cranch essence civil liberty certainly consists right every individual claim protection laws stating istorically damages regarded ordinary remedy invasion personal interests liberty rejected claim plaintiff remedy lay state state law fourth amendment operating merely nullify defense federal authorization held violation fourth amendment federal agents gives rise cause action damages consequent upon unconstitutional conduct ibid bivens established compensable injury constitutionally protected interest vindicated suit damages invoking general jurisdiction federal courts reserved question whether agents involved immune liability virtue official position remanded case determination remand appeals second circuit every appeals faced question held agents absolutely immune public interest sufficiently protected according agents superiors qualified immunity view courts appeals reached sound results agree prior cases contrary support rule urges us embrace indeed see government submission contrary course decision early days republic government places principal reliance barr matteo case acting director agency sued malicious defamation two employees whose suspension misconduct announced press release defendant claimed absolute qualified privilege trial rejected jury returned verdict plaintiff term granted certiorari barr determine whether circumstances case petitioner claim absolute privilege stood bar maintenance suit despite allegations malice made complaint divided reversing judgment appeals opinion plurality opinion inquired whether conduct complained among matters committed law official control concluded analysis specific circumstances press release within outer perimeter line duty appropriate exercise discretion officer rank must possess public service function effectively plurality held spalding vilas act privileged officer held liable tort defamation despite allegations malice barr clearly held false damaging publication issuance otherwise within official authority actionable become issued maliciously choose discuss whether director privilege defeated showing without reasonable grounds believing release true knew false although issue case came appeals barr control case address liability acting director conduct within outer limits duties care inquired scope authority may inferred release unauthorized surely issuance press releases expressly forbidden statute claim absolute immunity upheld inference supported fact justice stewart although agreeing principles announced justice harlan dissented rejected immunity claim press release view action line duty apparent also quite different question presented officer ignored express statutory constitutional limitation authority barr therefore purport depart general rule long prevailed federal official may impunity ignore limitations controlling law placed powers immunity federal executive officials began means protecting execution federal statutory duties criminal civil actions based state law see osborn bank wheat federal official acted outside federal statutory authority held strictly liable trespassory acts example little barreme cranch held commander american warship liable damages seizure danish cargo ship high seas congress directed president intercept vessels reasonably suspected en route french port president authorized seizure suspected vessels whether going french ports danish vessel seized en route forbidden destination speaking chief justice marshall held president instructions change nature transaction legalize act without instructions plain trespass although probable cause believe ship engaged traffic french seizure issue among class seizures executive authorized statute effect see also wise withers cranch bates clark similar case relevant statute directed seizures alcoholic beverages indian country seizure issue made upon orders superior made indian country objection fatal class defenses locality seizing officers utterly without authority premises hence answerable damages cases demonstrate federal official protected action tortious state law acts authorized controlling federal law make defence must show authority sufficient law protect cunningham macon brunswick belknap schild since unconstitutional act even authorized statute viewed authorized contemplation law immunity defense see lee virginia coupon cases barreme bates officers merely mistakenly conclude circumstances warranted particular seizure failed observe limitations authority making seizures within category type seizures authorized make kendall stokes addressed different situation case involved suit postmaster general erroneously suspending payments creditor post office examining necessary suspending payments creditors among postmaster normal duties appeared simply made mistake exercise discretion conferred upon held liable damages since public officer acting best judgment sense duty matter account individual liable action error judgment right examine account right suspend proper circumstances officer liable damages fell error provided however acted sense public duty without malice four years later case involving military discipline issued similar ruling exculpating defendant officer failure prove exceeded jurisdiction exercised malicious willfully erroneous manner enough show committed error judgment must malicious wilful error wilkes dinsman spalding vilas government relies principal issue whether malicious motive officer render liable damages injury inflicted official act otherwise within scope authority postmaster general sued circulating among postmasters notice assertedly injured reputation plaintiff interfered contractual relationships first inquired postmaster general authority issue notice recognize distinction action taken head department reference matters manifestly palpably beyond authority action less connection general matters committed law control supervision concluding circular issued postmaster general unauthorized law beyond scope official duties addressed major question case whether action maintained allegation officer done maliciously holding head department held liable civil suit damages account official communications made pursuant act congress respect matters within authority however improper motives might postmaster general issuing circular question exceed authority pass line duty irrelevant might acted maliciously spalding made clear malicious intent subject public officer liability performing authorized duties otherwise subject damages liability spalding involve conduct manifestly otherwise beyond authority official involve mistake either law fact construing applying statute purport immunize officials ignore limitations authority imposed law although manifestly palpably standard examining reach official power may suggested gloss barreme bates kendall wilkes none cases overruled also evident spalding presented claim officer liable damages acted violation limitation placed upon conduct constitution inference drawn spalding respects official excused liability failed observe obvious statutory constitutional limitations powers conduct manifestly erroneous application statute insofar cases dealing immunity privilege federal officers concerned matter stood barr matteo set immunity granted even though publication contained factual error case spalding plurality opinion judgment barr also appear although without discussion matter extended absolute immunity officer authorized issue press releases assumed know press release issued false therefore deliberately misusing authority accepting extension immunity respect state tort claims however confident barr purport protect official committed wrong local law also violated fundamental principles fairness embodied constitution whatever level protection state interference appropriate federal officials executing duties federal law doubted officials even acting pursuant congressional authorization subject restraints imposed federal constitution liability officials exceeded constitutional limits confronted either barr spalding neither cases supports government position beyond however neither case purported abolish liability federal officers actions manifestly beyond line duty accountable stray beyond plain limits statutory authority incongruous hold may nevertheless willfully knowingly violate constitutional rights without fear liability although true dealt issue respect federal officers several times addressed immunity state officers sued alleged violations constitutional rights decisions instructive present purposes iii pierson ray decided intended abrogate immunity state judges existed common law held applicable federal judges bradley fisher wall pierson also presented issue whether immunity available segment executive branch state government frequently exposed situations give rise claims local police officer scheuer rhodes relying common law held police officers entitled defense good faith probable cause even though arrest might subsequently proved unconstitutional observed however common law never granted police officers absolute unqualified immunity officers case claim entitled one scheuer rhodes supra issue whether higher officers executive branch state governments immune liability violations constitutionally protected rights governor state senior subordinate officers state national guard state university president sued allegation suppressed civil disturbance unconstitutional manner explained doctrine official immunity liability although constitutionally grounded essentially matter statutory construction based two mutually dependent rationales injustice particularly absence bad faith subjecting liability officer required legal obligations position exercise discretion danger threat liability deter willingness execute office decisiveness judgment required public good varying scope qualified immunity available officers executive branch government variation dependent upon scope discretion responsibilities office circumstances reasonably appeared time action liability sought based existence reasonable grounds belief formed time light circumstances coupled belief affords basis qualified immunity executive officers acts performed course official conduct none decisions respect state officials furnishes support submission federal officials absolutely immune liability constitutional transgressions contrary impressive unanimity federal courts appeals concluded federal officials receive greater degree protection constitutional claims counterparts state government subsequent scheuer appeals fourth circuit concluded lthough scheuer involved suit state executive officers discussion qualified nature executive immunity appear equally applicable federal executive officers marine lines shultz view appeals second circuit incongruous confusing say least develop different standards immunity state officials sued federal officers sued similar grounds causes action founded directly constitution economou dept agriculture quoting bivens six unknown fed narcotics agents remand defendants offer significant reason distinguishing far immunity doctrine concerned litigation state officers actions federal officers alleging violation constitutional rights general federal question statute contrast practical advantage one federal immunity doctrine suits arising federal law rights stake suit brought directly bill rights less worthy full protection constitutional statutory rights protected mark groff agree perception courts absence congressional direction contrary basis according federal officials higher degree immunity liability sued constitutional infringement authorized bivens accorded state officials sued identical violation constitutional injuries made actionable greater magnitude federal officials may responsible pressures uncertainties facing decisionmakers state government little different affecting federal officials see sense holding state governor liable immunizing head federal department holding administrator federal hospital immune superintendent state hospital liable protecting warden federal prison warden state prison vulnerable distinguishing state federal police participating investigation surely federal officials enjoy greater zone protection violate federal constitutional rules state officers government argues cases involving state officials distinguishable reflect need preserve effectiveness right action authorized discuss fully cause action recognized bivens six unknown fed narcotics agents similarly drained meaning federal officials entitled absolute immunity constitutional transgressions cf scheuer rhodes moreover government analysis place undue emphasis congressional origins cause action determining level immunity observed law privilege defense damages actions officers government large part judicial making barr matteo doe mcmillan section civil rights act predecessor said nothing immunity state officials mandated person color state law subjected another deprivation constitutional rights liable injured party action law nevertheless ascertained announced deemed appropriate type immunity liability variety contexts pierson ray imbler pachtman scheuer rhodes supra federal courts equally competent determine appropriate level immunity suit direct claim federal constitution federal officer presence absence congressional authorization suits federal officials course relevant question whether infer right action damages particular violation constitution bivens noted absence affirmative action congress therefore looked special factors counselling hesitation absent congressional authorization may also impelled think carefully whether type injury sustained plaintiff normally compensable damages whether courts qualified handle types questions raised plaintiff claim see harlan concurring judgment analysis completed reason return absence congressional authorization resolving question immunity determined plaintiff entitled remedy damages constitutional violation must address best reconcile plaintiff right compensation need protect decisionmaking processes executive department since decision scheuer intended guide federal courts resolving tension myriad factual situations might arise see reason supply governing principles resolving dilemma case federal officials opinion scheuer relied precedents dealing federal well state officials analyzed issue executive immunity terms general policy considerations stated conclusion quoted supra universal terms analysis presented case limited actions state officials accordingly without congressional directions contrary deem untenable draw distinction purposes immunity law suits brought state officials suits brought directly constitution federal officials action provided vindicate federal constitutional rights congress decided passage fourteenth amendment enact legislation specifically requiring state officials respond federal failures observe constitutional limitations powers hardly reason excusing federal counterparts identical constitutional transgressions create system bill rights monitors closely conduct state officials federal officials stand constitutional design head iv said decision bivens established citizen suffering compensable injury constitutionally protected interest invoke general jurisdiction district courts obtain award monetary damages responsible federal official justice harlan concurring judgment pointed action damages recognized bivens vital means providing redress persons whose constitutional rights violated barrier sovereign immunity frequently impenetrable injunctive declaratory relief useless person already injured people bivens shoes damages nothing opinion bivens put aside immunity question contemplated immunity absolute government argues officials exercising discretion exempt personal liability suit constitution provide redress injured citizen degree deter federal officials committing constitutional wrongs moreover compensation available government tort claims act prohibits recovery injuries stemming discretionary acts even discretion abused extension absolute immunity damages liability federal executive officials seriously erode protection provided basic constitutional guarantees broad authority possessed officials enables direct subordinates undertake wide range projects including may infringe important personal interests liberty property free speech makes little sense hold government agent liable warrantless forcible entry citizen house pursuit evidence official higher rank actually orders burglary immune simply greater authority indeed greater power officials affords greater potential regime lawless conduct extensive government operations offer opportunities unconstitutional action massive scale situations abuse action damages responsible official important means vindicating constitutional guarantees system jurisprudence rests assumption individuals whatever position government subject federal law man country high law officer law may set law defiance impunity officers government highest lowest creatures law bound obey lee say considerations public policy fail support limited immunity federal executive officials consider scheuer need protect officials required exercise discretion related public interest encouraging vigorous exercise official authority yet scheuer cases recognized unfair hold liable official knows know acting outside law insisting awareness clearly established constitutional limits unduly interfere exercise official judgment therefore hold suit damages arising unconstitutional action federal executive officials exercising discretion entitled qualified immunity specified scheuer subject exceptional situations demonstrated absolute immunity essential conduct public business scheuer principle qualified immunity constitutional violations consistent barr matteo spalding vilas kendall stokes federal officials liable mere mistakes judgment whether mistake one fact one law see substantial basis holding us executive officers generally may impunity discharge duties way known violate constitution manner know transgresses clearly established constitutional rule principle prove workable suits federal officials context suits state officials insubstantial lawsuits quickly terminated federal courts alert possibilities artful pleading unless complaint compensable claim relief federal constitution survive motion dismiss moreover recognized scheuer damages suits concerning constitutional violations need proceed trial terminated properly supported motion summary judgment based defense immunity see responding motion plaintiffs may play dog manger firm application federal rules civil procedure ensure federal officials harassed frivolous lawsuits although qualified immunity damages liability general rule executive officials charged constitutional violations decisions recognize officials whose special functions require full exemption liability bradley fisher wall imbler pachtman case undertaken considered inquiry immunity historically accorded relevant official common law interests behind bradley fisher analyzed need absolute immunity protect judges lawsuits claiming decisions tainted improper motives began noting principle immunity acts done judges exercise judicial functions settled doctrine english courts many centuries never denied aware courts country explained value rule proved experience judges often called decide ontroversies involving merely great pecuniary interests liberty character parties consequently exciting deepest feelings adjudications invariably produced least one losing party accep anything soundness decision explanation action judge ibid proportion strength convictions correctness view case apt complain judgment complaints judgment pass ascription improper motives judge ibid civil action maintained judge virtue allegation malice judges lose independence without judiciary either respectable useful thus judges held immune civil suit malice corruption action whilst exercising judicial functions within general scope jurisdiction principle bradley extended federal prosecutors summary affirmance yaselli goff appeals case discussed detail precedents extending absolute immunity parties participating judicial process judges grand jurors petit jurors advocates witnesses grand jurors received absolute immunity lest biased fear harassed vicious suit acting according consciences danger might easily insinuated powerful men warmly engaged cause thoroughly prepossessed justice side espouse quoting hawkins pleas crown ed reasoned public prosecutor deciding whether particular prosecution shall instituted followed performs much function grand jury quoting smith parman held prosecutor case immune suit malicious prosecution citing bradley fisher supra affirmed recently reaffirmed holding yaselli goff imbler pachtman supra suit state prosecutor examination leading precedents led conclusion immunity prosecutor based upon considerations underlie immunities judges grand jurors acting within scope duties prosecutor role criminal justice system likely provoke frequency retaliatory suits angry defendants qualified immunity might adverse effect functioning criminal justice system discouraging initiation prosecutions see also affecting prosecutor conduct trial attaining system goal accurately determining guilt innocence requires prosecution defense wide discretion conduct trial presentation evidence prosecutors hampered exercising judgment use witnesses concern resulting personal liability triers fact criminal cases often denied relevant evidence despite precedents appeals concluded defendants case including chief hearing examiner judicial officer prosecuting attorney entitled qualified immunity appeals reasoned officials within executive branch generally circumscribed discretion pointed unlike judge officials executive branch face conflict interest legal representation provided executive branch appeals recognized agriculture department officials may analogized criminal prosecutors initiated proceedings respondent presented evidence therein found attorneys administrative proceedings face serious constraints time even information found present frequently criminal cases see imbler pachtman think appeals placed undue emphasis fact officials sued administrative perspective employees executive branch judges absolute immunity particular location within government special nature responsibilities point underlined fact prosecutors members executive branch also absolutely immune functional comparability judgments judge resulted grand jurors prosecutors referred officers immunities termed well cluster immunities protecting various participants trials stems characteristics judicial process rather location bradley suggested controversies sufficiently intense erupt litigation easily capped judicial decree loser one forum frequently seek another charging participants first unconstitutional animus see pierson ray absolute immunity thus necessary assure judges advocates witnesses perform respective functions without harassment intimidation time safeguards built judicial process tend reduce need private damages actions means controlling unconstitutional conduct insulation judge political influence importance precedent resolving controversies adversary nature process correctability error appeal many checks malicious action judges advocates restrained professional obligations knowledge assertions contested adversaries open jurors carefully screened remove possibility bias witnesses course subject rigors penalty perjury features judicial process tend enhance reliability information impartiality decisionmaking process less pressing need individual suits correct constitutional error think adjudication within federal administrative agency shares enough characteristics judicial process participate adjudication also immune suits damages conflicts federal hearing examiners seek resolve every bit fractious come bradley opinion points controversy involves questions affecting large amounts property relates matter general public concern touches interests numerous parties disappointment occasioned adverse decision often finds vent imputations malice moreover federal administrative law requires agency adjudication contain many safeguards available judicial process proceedings adversary nature see conducted trier fact insulated political influence see party entitled present case oral documentary evidence transcript testimony exhibits together pleadings constitute exclusive record decision parties entitled know findings conclusions issues fact law discretion presented record little doubt role modern federal hearing examiner administrative law judge within framework functionally comparable judge powers often generally comparable trial judge may issue subpoenas rule proffers evidence regulate course hearing make recommend decisions see importantly process agency adjudication currently structured assure hearing examiner exercises independent judgment evidence free pressures parties officials within agency prior administrative procedure act considerable concern persons hearing administrative cases trial level exercise independent judgment required perform prosecutorial investigative functions well judicial work see wong yang sung mcgrath often subordinate executive officials within agency see ramspeck federal trial examiners conference since securing fair competent hearing personnel viewed heart formal administrative adjudication final report attorney general committee administrative procedure administrative procedure act contains number provisions designed guarantee independence hearing examiners may perform duties inconsistent duties hearing examiners conducting hearing apa ed hearing examiner responsible subject supervision direction employees agents engaged performance investigative prosecution functions agency may hearing examiner consult person party including agency officials concerning fact issue hearing unless notice opportunity parties participate hearing examiners must assigned cases rotation far practicable may removed good cause established determined civil service commission hearing record pay also controlled civil service commission light safeguards think risk unconstitutional act one presiding agency hearing clearly outweighed importance preserving independent judgment men women therefore hold persons subject restraints performing adjudicatory functions within federal agency entitled absolute immunity damages liability judicial acts complain error proceedings must seek agency judicial review also believe agency officials performing certain functions analogous prosecutor able claim absolute immunity respect acts decision initiate administrative proceedings individual corporation much like prosecutor decision initiate move forward criminal prosecution agency official like prosecutor may broad discretion deciding whether proceeding brought sanctions sought commodity futures trading commission example may initiate proceedings whenever reason believe person violating violated provisions chapter rules regulations orders commission range sanctions open ibid discretion executive officials exercise respect initiation administrative proceedings might distorted immunity damages arising decision less complete cf imbler pachtman likely anyone willing legally able seek damages officials authorize administrative proceeding cf white concurring judgment serious danger decision authorize proceedings provoke retaliatory response individual targeted administrative proceeding react angrily may seek vengeance courts corporation muster financial legal resources effort prevent administrative sanctions millions may turn regulatory decisions strong incentive defendant enforcement proceeding ample opportunity challenge legality proceeding administrator decision proceed case subject scrutiny proceeding respondent may present evidence impartial trier fact obtain independent judgment whether prosecution justified claims proceeding unconstitutional may also heard courts indeed respondent case able quash administrative order entered means judicial review see economou department agriculture believe agency officials must make decision move forward administrative proceeding free intimidation harassment legal remedies already available defendant proceeding provide sufficient checks agency zeal hold officials responsible decision initiate continue proceeding subject agency adjudication entitled absolute immunity damages liability parts decision turn finally role agency attorney conducting trial presenting evidence record trier fact see substantial difference function agency attorney presenting evidence agency hearing function prosecutor brings evidence either case evidence subject attack rebuttal reinterpretation opposing counsel evidence false unpersuasive rejected upon analysis impartial trier fact agency attorneys held personally liable damages guarantors quality evidence might hesitate bring forward witnesses documents particularly difficult impossible attorneys absolutely certain objective truth falsity testimony present imbler pachtman supra white concurring judgment apart possible unfairness agency personnel agency often denied relevant evidence cf imbler pachtman supra administrative agencies act public interest adjudicate basis complete record therefore hold agency attorney arranges presentation evidence record course adjudication absolutely immune suits based introduction evidence vi remains task applying foregoing principles claims particular involved case rather attempt first instance vacate judgment appeals remand case instructions remand case district proceedings consistent opinion ordered footnotes individuals included administrator commodity exchange authority director compliance division deputy director registration audit division regional administrator new york region also named defendants department agriculture commodity exchange authority detailed allegations concerning many incidents charged complaint contained affidavit filed respondent connection earlier efforts obtain injunctive relief second cause action respondent stated defendants issued administrative orders illegal punitive nature longer subject authority fourth cause action alleged inter alia respondent rights due process law privacy guaranteed federal constitution infringed furnishing administrative complaints interested persons without respondent answers fifth cause action similarly alleged violation due process defendants issued press release containing facts defendants knew known false respondent remaining causes action allege torts abuse legal process malicious prosecution invasion privacy negligence trespass district held complaint barred government agency defendants doctrine sovereign immunity although noted bell hood federally protected rights invaded rule beginning courts alert adjust remedies grant necessary relief specific question faced bivens reserved opinion bivens concerned fourth amendment claim therefore discuss personal interests similarly protected provisions constitution consider issue cf doe mcmillan black marine lines shultz mark groff leasing apton wilson app see paton la prade weir muller brubaker king jones case term trial defendant appealed denial absolute privilege appeals affirmed judgment ground press release exceeded authority barr matteo app vacated judgment directing appeals consider question appeals app holding described press release protected qualified privilege evidence jury reasonably conclude petitioner acted maliciously spoken lack reasonable grounds believing statement true either conclusion defeat qualified privilege case remanded new trial defendant sought certiorari second time justice harlan opinion barr joined three justices majority formed concurrence judgment justice black emphasized separate opinion strong public interest encouraging federal employees ventilate ideas government run wrote similar opinion entered similar judgment companion case howard lyons complaint defamation state law alleged publication deliberate knowing falsehood federal officer judgment entered officer trial ground release within limits authority judgment reversed part appeals ground respects defendant entitled qualified privilege reversed ruling barr controlled see supra question presented government petition certiorari broadly framed whether absolute immunity defamation suits accorded officials government respect acts done within scope official authority extends statements press high officers cabinet comparable rank concerning matters committed law control supervision pet cert barr matteo chief justice marshall explained officer example ordered arrest individual necessary usual say shall punished obeying order security implied order unusual thing act congress imply without expressing exemption state control collectors revenue carriers mail mint establishment institutions public nature examples point never doubted employed protected line duty yet protection expressed act congress incidental implied several acts institutions created secured individuals employed judicial power alone indeed appears doubt whether even act congress immunize federal officials suits seeking damages constitutional violations see milligan hovey cas cc ind griffin wilcox ind see generally engdahl immunity accountability positive governmental wrongs rev virginia coupon cases like lee involved suit return specific property principles espoused therein equally applicable suit damages later applied atchison topeka santa fe individual might viewed acting maliciously circumstances show disagreeably impressed fact action injuriously affects claims particular individuals addressing liability postmaster general referred bradley fisher wall described holding judges courts superior general jurisdiction liable civil suits judicial acts even acts excess jurisdiction alleged done maliciously corruptly view general considerations public policy convenience demand judges courts superior jurisdiction immunity civil suits damages arising acts done course performance judicial functions apply large extent official communications made heads executive departments engaged discharge duties imposed upon law plainly applied bradley fisher principles holding proof malice subject executive officer liability performing act authorized perform federal law principles however said completely applicable indicated text revealed intention overrule kendall stokes wilkes immunize officer liability willful misapplication authority also face spalding opinion appear executive officer vulnerable took action manifestly palpably beyond authority ignored clear limitation enforcement powers justice brennan dissenting barr matteo emphasized point suit spalding seems much suit malicious interference advantageous relationships libel suit reviewed facts found false statement see case may stand proposition cabinet officer publishes statement factually inaccurate relating matter within department competence charged improper motives publication opinion leaned heavily fact contents statement face defamatory quite accurate support conclusion publishing statement within officer discretion foreclosing inquiry motives indeed barreme bates cited approval decision submission spalding handed scant month judgment spalding announced belknap schild period prior barr lower federal courts broadly extended spalding according absolute immunity federal officials sued torts jones kennedy app cert denied papagianakis samos cert denied see cases collected gray supra view case present posture concerned constitutional issues district memorandum focused exclusively respondent constitutional claims appears language reasoning opinion appeals also essentially concerned respondent constitutional claims see second circuit subsequently read economou limited context see huntington towers franklin nat bank cert denied sub nom huntington towers federal reserve bank argument us well focused respondent constitutional claims holding limited doc mcmillan involve constitutional claim invasion privacy special context speech debate clause held executive officials immune suit extent legislators whose behest printed distributed documents claim protection speech debate clause quoting barr matteo spoke barr matteo arising context suit elsewhere opinion however discussed barr arising somewhat parallel context privilege public officers defamation actions also relied spalding vilas without mentioning decision concerned federal officials early judge attorney general bell concurring specially judgment appeals fifth circuit recorded continuing belief police ancillary personnel nation whether state federal subject accountability law conduct anderson nosser objected notion one law athens another rome ibid appears recent decision fifth circuit abandoned view criticized see weir muller courts judges noted incongruity arise officials district columbia subject given absolute immunity counterparts state government received qualified immunity bivens six unknown fed narcotics agents carter carlson app nichols concurring rev grounds sub nom district columbia carter first sixth circuits recently accorded immunity federal officials sued torts without discussion views respect constitutional claims berberian gibney mandel nouse apton wilson app judge leventhal compared governor state highest officers federal executive department difference office relevant immunity depends part upon scope discretion responsibilities office scheuer rhodes supra difference conclusive case like highest executive officer state head federal executive department broad discretionary authority called upon act circumstances judgments tentative unambiguously optimal course action ascertained retrospect officials functions responsibilities concerned maintaining public order may impel officials make decisions atmosphere confusion ambiguity swiftly moving events scheuer rhodes supra wider territorial responsibility head state government federal cabinet officer may entitled consult fewer sources expend less effort inquiring circumstances localized problem considerations go showing officer vested qualified immunity must make support good faith belief make qualified immunity inappropriate head executive department less chief executive state adequately protected qualified immunity section civil rights act stat provided pertinent part ny person color law statute ordinance regulation custom usage state shall subject cause subjected person within jurisdiction deprivation rights privileges immunities secured constitution shall law statute ordinance regulation custom usage state contrary notwithstanding liable party injured action law purpose civil rights act abolish immunities available common law see pierson ray insure federal courts jurisdiction constitutional claims state officials explained district columbia carter time act adopted existed general jurisdiction lower federal courts rather congress relied state courts vindicate essential rights arising constitution federal laws zwickler koota growing awareness reliance misplaced however congress recognized need original federal jurisdiction means provide least indirect federal control unconstitutional actions state officials footnotes omitted time bivens decision federal tort claims act prohibited recovery government claim arising assault battery false imprisonment false arrest malicious prosecution abuse process libel slander misrepresentation deceit interference contract rights justice harlan author plurality opinion barr noted although interests efficient law enforcement argue protective zone respect many types fourth amendment violations least remedy available flagrant patently unjustified sorts police conduct bivens six unknown fed narcotics agents concurring judgment pursuant ed government immune claim based upon exercise performance failure exercise perform discretionary function duty part federal agency employee government whether discretion involved abused government argued bivens plaintiff relegated traditional remedy state law scheme fourth amendment serve merely limit extent agents defend state law tort suit asserting actions valid exercise federal power agents shown violated fourth amendment defense lost stand state law merely private individuals although passage makes clear traditional doctrine accord immunity officials transgressed constitutional limits believe federal officials sued traditional means similarly entitled scheuer immunity defendant official may also able assert summary judgment constitutional privilege example case defendant officials may able argue issuance press release privileged accurate report matter public record administrative proceeding see handler klein defense privilege defamation suits government executive officials harv rev course decide issue time pierson ray recognized state judges sued constitutional claims pursuant claim similar absolute immunity reasoned 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 imbler specifically reserved question whether like similar reasons require immunity aspects prosecutor responsibility cast role administrator investigative officer rather advocate see generally handler klein supra expeditions unlimited aquatic enterprises smithsonian institution app cert pending prosecutors act serious constraints time even information central decision imbler might said wide variety state federal officials enjoy qualified immunity see scheuer rhodes think administrative enforcement proceedings may distinguished criminal prosecutions ground former often turn documentary proof key point administrative personnel like prosecutors often must decide especially cases wide public interest whether proceed trial sharp conflict evidence imbler complexity quantity documentary proof may adduced enforcement proceeding may make decision even difficult decision prosecute suspect justice rehnquist chief justice justice stewart justice stevens join concurring part dissenting part concur part judgment affords absolute immunity persons performing adjudicatory functions within federal agency ante responsible decision initiate continue proceeding subject agency adjudication ante agency personnel present evidence record course adjudication ante agree however conclusion suit damages arising allegedly unconstitutional action federal executive officials regardless rank scope responsibilities entitled qualified immunity even acting within outer limits authority protestations contrary notwithstanding decision seriously misconstrues prior decisions finds little support matter logic precedent perhaps importantly fear seriously dampen ardor resolute irresponsible unflinching discharge duties gregoire biddle learned hand noticeable unnaturally constrained reading landmark case spalding vilas case indeed hold actions taken postmaster general within authority conferred upon congress went hold even though acted maliciously carrying duties conferred upon congress protected official immunity left doubt reached result alleged official acts unconstitutional opinion general considerations public policy convenience demand judges courts superior jurisdiction immunity civil suits damages arising acts done course performance judicial functions apply large extent official communications made heads executive departments engaged discharge duties imposed upon law interests people require due protection accorded respect official acts indeed language spalding quoted unquestionably applies equal force case bar one seriously contends secretary agriculture assistant secretary sued million damages wandered completely official reservation authorizing prosecution respondent violation regulations promulgated secretary regulation futures commission merchants precisely secretary assistants empowered required occasion mistaken judgment particular merchant fact violated regulations necessary concomitant known system administrative adjudication acted maliciously gives support respondent claim unless overrule spalding attempt distinguish spalding may predicated simpler equally erroneous concept immunity one point observes even spalding executive officer vulnerable took action manifestly palpably beyond authority ignored clear limitation enforcement powers ante proposition undeniably accurate appears conclude anytime plaintiff paint grievance constitutional colors official subject damages unless prove acted good faith congress never authorize official engage unconstitutional conduct notion fact underlines decision strongly suggested discussion numerous cases supposedly support position fact deal question level immunity federal official may claim acting within outer limits authority rather question whether fact acting see ante putting one side illogic impracticability distinguishing constitutional claims purposes immunity discussed shortly sort immunity analysis badly misses mark amounts saying official immunity someone alleges acted unconstitutionally immunity immunity disappears moment needed critical inquiry determining whether official entitled claim immunity whether someone fact injured action part plaintiff case chief immunity defense turns whether action one taken engaged discharge duties imposed upon official law spalding words whether official acting within outer bounds authority immunity inquiry approached manner meaning rule may occasionally result individual injustices never doubted least today immunity accorded nevertheless judge learned hand said gregoire biddle justification impossible know whether claim well founded case tried submit officials innocent well guilty burden trial inevitable danger outcome dampen ardor resolute irresponsible unflinching discharge duties public interest calls action may turn founded mistake face official may later find hard put satisfy jury good faith must indeed means punishing public officers truant duties quite another matter exposing honestly mistaken suit anyone suffered errors often case answer must found balance evils inevitable either alternative instance thought end better leave unredressed wrongs done dishonest officers subject try duty constant dread retaliation decisions indeed always imposed limitation upon immunity official act must within scope powers argued official powers since exist public good never cover occasions public good aim hence exercise power dishonestly necessarily overstep bounds moment reflection shows however meaning limitation without defeating whole doctrine meant saying officer must acting within power occasion must justified act using power purposes whose account vested ibid likewise seriously argued official less deterred threat liability unconstitutional conduct activities might constitute tort fear inhibits long involved lawsuit significant money judgment fear liability certain type claim thus even viewing question functionally indeed especially viewing question functionally basis distinction constitutional torts context open serious question even logical justification raising novel distinction far clear framers thought rights sufficiently susceptible legislative derogation enshrined constitution necessarily indicate framers likewise intended establish immutable hierarchy rights terms importance individuals heinous tort surely less important less impact aggrieved individual mere technical violation constitutional proscription purports find support distinction therefore result principles supposedly underlying marbury madison cranch bivens six unknown fed narcotics agents fact cognate state officials afforded absolute immunity actions brought undoubtedly rationales superficial appeal none withstands careful analysis marbury madison supra leaves doubt high position government official insulate actions judicial review case like numerous others followed involved relief way mandamus injunction present case respondent sought damages amount million undoubtedly force argument injunctive relief cases determines official defendant violated legal right plaintiff sets matter right future least much force argument threat injunctive relief without possibility damages case cabinet official better tailoring competing need vindicate individual rights one hand equally vital need federal officials exercising discretion unafraid take vigorous action protect public interest also suggests sweeping terms cause action recognized bivens drained meaning federal officials entitled absolute immunity constitutional transgressions ante bivens slender reed rely abrogating official immunity officials first place officials susceptible claims bivens historically given qualified immunity observed pierson ray common law never granted police officers absolute unqualified immunity event certainly follow grant absolute immunity secretary assistant secretary agriculture requires like grant federal law enforcement officials even importantly federal side congress thinks redress grievances appropriate generally waive sovereign immunity allowing action directly allows redress deprivations rights time limiting outside influences might inhibit official free considered exercise official powers fact congress making sorts judgments respect causes action suggests require abrogation absolute immunity amended federal tort claims act see ed allow suits basis certain intentional torts committed federal investigative law enforcement officers also looks question immunity state officials causes arising quoting concurring opinion anderson nosser effect one law athens another rome finds reason principles likewise apply federal officers target homilies replace analysis difficult area however even moment reflection nature action purposes made abundantly clear prior cases supplies compelling reason distinguishing two different situations first place made clear grant absolute immunity executive officials federal side eviscerate cause action recognized bivens officials likely defendants action generally accorded qualified immunity importantly congress expressly waived sovereign immunity type suit permits direct action government limiting risks might dampen ardor resolute irresponsible unflinching discharge duties federal government internally supervise check officers federal government situated control state officials strike balance however hence necessity differing standards immunity observed district columbia carter although threads many thoughts running debates act seems clear act concerned designed primarily response unwillingness inability state governments enforce laws violating civil rights others basic rationale underlying congress decision enact legislation similar respect federal officials assumption federal government keep officers control biggest concern however illogic impracticality today decision rather potential disruption government invites steady increase litigation much directed governmental officials virtually framed constitutional terms escape notice even casual observer number cases brought federal courts civil rights statutes increased see director administrative office courts ann table ann table simply defies logic common experience suggest officials back minds considering official course pursue likewise strains credulity suggest threat inhibit officials taking action take event cases grounds action doubtful actor timid affected today decision course recognizes problem suggests two solutions first judges ever alert artful pleader supposedly weed insubstantial claims ante fear shows optimism prescience indeed case unquestionably frivolous extreme belies hope direction summary judgment affidavits like even inappropriate central perhaps inquiry official state mind see wright law federal courts ed feasible resolve motion summary judgment cases involving state mind subin goldsmith second solution offered even less satisfactory holds special circumstances demonstrated absolute immunity essential conduct public business absolute immunity extended ante form absolute immunity truth exists name example secretary agriculture may never know inquiry trial whether possibility vexatious constitutional litigation interfere decisionmaking process secretary obviously think twice thrice whether prosecute litigious commodities merchant played fast loose regulations profit careful consideration rights every individual subject jurisdiction one thing timorous reluctance prosecute individuals reputation using litigation defense weapon quite another since cabinet officials mortal likely shall get precise judgmental balance desired human failings principles spalding dictate absolute immunity accorded concluded executive official engaged discharge duties imposed upon law today opinion shouldered formidable task insofar seeks justify rejection views first justice harlan expressed opinion spalding vilas supra second justice harlan expressed opinions barr matteo companion case howard lyons terms juridical jousting terms placement judicial hierarchy taken least formidable task disregards powerful statement judge learned hand gregoire biddle history surely condemn effort achieve finely ground product judicial mill product retain necessary ability public officials govern yet assure redress victims official wrongs system redress official wrongs indeed capable achieved practice surely rejected speaking first justice harlan speaking second justice harlan judge learned hand speaking appeals second circuit judges inexperienced neophytes lacked vision ability define immunity doctrine accomplish result thought possible obsequious toadies attitude toward officials coordinate branches federal government see prescience today inevitable connection doctrine official liability immunity forthrightly accepted possibility occasional failure redress claim official wrongdoing result doctrine absolute immunity espoused viewing lesser evil impairment ability responsible public officials govern believe history look approvingly motives reaching result today believe history charitable judgment inevitable result doctrine espoused case doctrine seeks gain hold middle ground deference believe teachings least equals suggest long held part present opinion dissent fear result one two evils either one markedly worse effect according absolute immunity secretary assistant secretary case first evils significant impairment ability responsible public officials carry duties imposed upon law evil avoided today avoided necessarily unprincipled erratic judicial screening claims made case adherence form law departing substance either one evils far worse occasional failure award damages caused official wrongdoing frankly openly justified rule spalding vilas barr matteo gregoire biddle ultimate irony today decision area official immunity body law fashioned applied judges absolute immunity within federal system extended judges prosecutors functioning judicial system see bradley fisher wall yaselli goff summarily aff similarly interpreted light doctrines official immunity judges prosecutors accorded absolute immunity see pierson ray stump sparkman imbler pachtman one hazard informed guess distinction treatment judges prosecutors one hand public officials obtains mine decide common law know personal experience sort pressures might exist decisionmakers absence absolute immunity may know may forgotten similar pressures exist case nonjudicial public officials difficult decisions committed cynical among us might unreasonably feel simply another unfortunate example judges treating part judicial machinery lesser breeds without law