briscoe
lahue
argued
november
decided
march
held
title
supp
authorize
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state
defendant
assert
claim
damages
police
officer
giving
perjured
testimony
defendant
criminal
trial
pp
common
law
provided
absolute
immunity
subsequent
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liability
persons
governmental
otherwise
integral
parts
judicial
process
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authorize
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claim
private
witnesses
similarly
judges
pierson
ray
prosecutors
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pachtman
may
held
liable
damages
performance
respective
duties
judicial
proceedings
police
officer
appears
witness
may
reasonably
viewed
acting
like
witness
sworn
tell
truth
event
make
strong
claim
witness
immunity
alternatively
may
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official
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process
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participants
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suits
pp
anything
legislative
history
statute
indicate
congress
intended
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police
officers
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force
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witnesses
considerations
public
policy
support
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immunity
witnesses
emphatically
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witnesses
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process
also
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performance
public
duties
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stevens
delivered
opinion
burger
white
powell
rehnquist
joined
brennan
filed
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post
marshall
filed
dissenting
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blackmun
joined
except
part
post
blackmun
filed
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opinion
post
edmund
moran
argued
cause
petitioners
briefs
robert
creamer
harriet
lipkin
argued
cause
respondents
brief
william
enslen
justice
stevens
delivered
opinion
case
presents
question
statutory
construction
whether
supp
authorizes
convicted
person
assert
claim
damages
police
officer
giving
perjured
testimony
criminal
trial
appeals
seventh
circuit
held
witnesses
absolutely
immune
damages
liability
based
testimony
rejected
petitioners
contention
government
officials
testify
performance
official
duties
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liable
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witnesses
may
agree
conclusion
appeals
heard
argument
three
separate
cases
raising
absolute
immunity
issue
decided
single
opinion
two
cases
us
writ
certiorari
petitioner
briscoe
convicted
state
burglarizing
house
trailer
filed
complaint
respondent
lahue
member
bloomington
indiana
police
force
alleging
lahue
violated
constitutional
right
due
process
committing
perjury
criminal
proceedings
leading
conviction
lahue
testified
opinion
briscoe
one
people
bloomington
whose
prints
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glass
found
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testimony
false
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bureau
investigation
state
police
considered
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print
incomplete
value
without
print
evidence
identifying
burglar
sought
damages
district
granted
lahue
motion
summary
judgment
four
separate
grounds
facts
alleged
complaint
suggest
lahue
testified
falsely
allegations
perjury
alone
insufficient
state
constitutional
claim
lahue
testified
color
law
briscoe
claim
collaterally
estopped
criminal
conviction
petitioners
vickers
ballard
jointly
tried
convicted
sexual
assault
state
subsequently
brought
civil
action
respondent
hunley
member
cedar
lake
indiana
police
force
alleging
deprived
constitutional
rights
due
process
fair
trial
alleged
giving
false
testimony
suggesting
able
harmonize
stories
making
exculpatory
statements
police
prejudicially
diminished
credibility
statements
plaintiff
sought
compensatory
punitive
damages
federal
magistrate
granted
motion
dismiss
complaint
alternative
grounds
hunley
testified
color
law
entitled
absolute
witness
immunity
petitioners
failed
state
claim
allege
prosecutor
knowingly
used
false
testimony
district
affirmed
dismissal
first
ground
cases
appealed
appeals
seventh
circuit
although
issues
argued
appeals
holding
cases
predicated
squarely
ground
litigation
brought
supp
witnesses
police
officers
well
lay
witnesses
absolutely
immune
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liability
based
testimony
judicial
proceedings
importance
immunity
question
given
rise
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conclusions
courts
appeals
granted
certiorari
confronting
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case
presents
whether
creates
damages
remedy
police
officers
testimony
witnesses
begin
considering
potential
liability
lay
witnesses
one
hand
judges
prosecutors
perform
integral
functions
judicial
proceedings
hand
unavailability
damages
remedy
categories
sheds
considerable
light
petitioners
claim
congress
intended
police
officer
witnesses
treated
differently
two
reasons
allow
recovery
damages
private
party
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proceeding
first
create
remedy
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violation
rights
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constitution
laws
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actions
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statute
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regulation
custom
usage
state
territory
beyond
question
private
party
gives
testimony
open
criminal
trial
act
performed
color
law
second
since
decided
tenney
brandhove
settled
language
referring
person
color
law
deprives
another
federal
constitutional
statutory
rights
taken
literally
well
settled
tort
liability
created
understood
historical
vacuum
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decisions
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members
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including
defenses
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recognized
ordinary
tort
litigation
likely
intended
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obtain
absent
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provisions
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city
newport
fact
concerts
immunity
parties
witnesses
subsequent
damages
liability
testimony
judicial
proceedings
well
established
english
common
law
cutler
dixon
eng
anfield
feverhill
bulst
eng
henderson
broomhead
eng
ex
see
dawkins
lord
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eng
american
decisions
required
showing
witness
allegedly
defamatory
statements
relevant
judicial
proceeding
threshold
showing
made
witness
absolute
privilege
plaintiff
recover
even
witness
knew
statements
false
made
malice
words
one
damages
suits
witnesses
claims
individual
must
yield
dictates
public
policy
requires
paths
lead
ascertainment
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left
free
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calkins
sumner
witness
apprehension
subsequent
damages
liability
might
induce
two
forms
first
witnesses
might
reluctant
come
forward
testify
see
henderson
broomhead
supra
eng
witness
stand
testimony
might
distorted
fear
subsequent
liability
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barnes
mccrate
even
within
constraints
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various
ways
give
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state
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less
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forced
defend
subsequent
lawsuit
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pay
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uncertainties
thus
deprive
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see
veeder
absolute
immunity
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proceedings
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rev
truthfinding
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served
witness
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consider
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lies
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pachtman
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concurring
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private
witnesses
clear
abrogate
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immunity
existing
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petitioners
contend
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like
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legislators
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tenney
brandhove
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light
immunity
principles
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officials
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judges
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acts
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ray
stump
sparkman
state
prosecutors
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prosecutors
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decree
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immunity
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supra
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petitioners
point
number
references
throughout
debates
act
widespread
perjury
ku
klux
klan
witnesses
state
criminal
trials
urge
perjury
one
specific
evils
congress
concerned
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immunity
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conflict
congressional
intent
find
argument
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consisted
several
sections
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different
remedies
disorder
violence
southern
legislative
history
statutory
language
indicate
congress
intended
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leading
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criminal
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evidence
congress
intended
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witness
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klux
act
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enacted
april
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month
president
grant
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congress
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breakdown
law
order
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globe
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bill
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terror
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shootings
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legislators
asserted
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members
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members
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history
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punishment
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conspired
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urge
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police
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need
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citizens
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law
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alleged
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damages
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force
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show
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immunity
prosecutors
recognized
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bars
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witness
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appeals
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petitioner
briscoe
conviction
set
aside
indiana
appeals
ground
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guilt
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veracity
lahue
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state
evidence
including
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one
persons
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state
ind
app
petitioners
vickers
ballard
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review
pretrial
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complaints
factual
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petitioners
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process
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respondents
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proceedings
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certiorari
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state
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cert
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victim
suit
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bull
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blevins
ford
private
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assistant
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williams
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immunity
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hilliard
petition
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certiorari
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commits
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immunity
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liability
pet
cert
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raise
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proceedings
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brief
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trial
testimony
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apply
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hearings
therefore
decide
whether
respondent
lahue
entitled
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immunity
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six
unknown
fed
narcotics
agents
supra
agent
acting
name
possesses
far
greater
capacity
harm
individual
trespasser
acting
checks
balances
built
trial
process
may
well
limitations
strategic
costs
instance
lengthy
official
witness
may
expose
weaknesses
testimony
cost
emphasizing
evidence
mind
jury
see
marshall
veney
app
wright
concurring
judgment
people
berrios
fuld
dissenting
people
dickerson
cal
app
cal
rptr
tarlow
search
warrants
new
york
city
commission
investigate
alleged
police
corruption
knapp
commission
report
police
corruption
sevilla
exclusionary
rule
police
perjury
san
diego
rev
grano
dilemma
defense
counsel
search
warrants
possibility
police
perjury
law
forum
younger
perjury
routine
nation
comment
geo
note
colum
law
soc
probs
see
newman
suing
law
breakers
yale
police
officers
generally
provided
free
counsel
indemnified
conduct
within
scope
authority
see
monell
new
york
city
dept
social
services
powell
concurring
project
yale
certainly
state
law
respect
respondents
see
ind
code
ann
burns
supp
despite
differences
official
witnesses
private
witnesses
majority
contends
immunity
analysis
rests
functional
categories
status
defendant
ante
however
cases
cited
proposition
ante
involve
various
types
official
conduct
fact
individuals
within
government
treated
functions
perform
necessarily
mean
individuals
within
government
treated
private
parties
relying
functional
categories
majority
ignores
classic
distinction
embodied
immunity
cases
acts
involving
discretion
see
kendall
stokes
mccray
maryland
official
called
upon
exercise
judicial
discretion
courts
properly
refused
extend
protection
absolute
judicial
immunity
regardless
apparent
relationship
role
judicial
system
lower
noted
witness
normally
exercises
discretion
performance
duty
answer
fully
truthfully
questions
put
result
need
absolute
immunity
seems
correspondingly
less
compelling
see
eisenberg
section
doctrinal
foundations
empirical
study
cornell
rev
statistics
estimate
given
text
approximate
professor
eisenberg
grouped
statistics
prisoner
actions
involving
false
arrest
assault
search
seizure
see
table
vi
total
cases
filed
central
district
california
see
annual
report
director
administrative
office
courts
table
table
police
officers
employed
city
los
angeles
see
generally
dept
commerce
bureau
census
city
employment
table
data
police
department
employees
data
another
state
indicate
california
experience
may
overstate
burden
false
arrest
cases
seven
years
total
suits
false
arrest
brought
federal
district
part
connecticut
see
project
yale
supra
former
criminal
defendants
may
well
wish
avoid
entanglements
legal
system
unlikely
resources
needed
pursue
suits
lawyers
probably
little
incentive
become
involved
actions
police
face
uphill
struggle
see
amsterdam
rights
suspects
criminal
cases
rev
civil
actions
police
rare
recently
rare
insignificant
obstacles
maintenance
formidable
cf
harper
james
law
torts
stretching
argument
pretty
far
say
mere
inquiry
malice
worse
consequences
possibility
actual
malice
since
danger
official
power
abused
greatest
motives
improper
balance
may
well
swing
way
emphasis
deleted
justice
blackmun
dissenting
join
justice
marshall
dissenting
opinion
except
part
join
part
adhere
views
expressed
city
newport
fact
concerts
regarding
role
played
history
policy
determining
whether
incorporates
particular
immunity
proper
assume
indeed
past
assumed
members
congress
familiar
principles
likely
intended
principles
obtain
absent
specific
provisions
contrary
immunity
well
established
common
law
careful
analysis
policies
supporting
supporting
governs
determination
whether
immunity
retained
view
justice
marshall
dissent
convincingly
demonstrates
finds
little
support
decision
present
case
either
language
statute
history
common
law
relevant
legislative
history
policy
considerations
therefore
dissent