Briscoe v. LaHue

LOCATION: Securities and Exchange Commission

DOCKET NO.: 81-1404
DECIDED BY: Burger Court (1981-1986)
LOWER COURT: United States Court of Appeals for the Seventh Circuit

CITATION: 460 US 325 (1983)
ARGUED: Nov 09, 1982
DECIDED: Mar 07, 1983

Edmund B. Moran, Jr. - on behalf of the Petitioners
Harriet Lipkin - on behalf of the Respondent

Facts of the case


Media for Briscoe v. LaHue

Audio Transcription for Oral Argument - November 09, 1982 in Briscoe v. LaHue

Audio Transcription for Opinion Announcement - March 07, 1983 in Briscoe v. LaHue

William J. Brennan, Jr.:

The opinion for the Court in 81-1404, Briscoe versus LaHue will be delivered by Justice Stevens.

John Paul Stevens:

This case raises the question whether a person who has been convicted of a crime in a state court may recover damages under the Federal Civil Rights Acts from a police officer who is alleged to have given false testimony at the criminal trial.

The United States Court of Appeals for the Seventh Circuit concluded that a police officer was entitled to the same immunity from liability as a lay witness.

And that such a damage action against an officer may not be maintained.

Although this conclusion is consistent with the decisions in most courts that have addressed the issue, a contrary opinion has also been expressed.

In view of the importance of the question, we granted certiorari to decide it.

As we explain in an opinion filed with the clerk today, we agree with the majority view and therefore affirm the judgment of the Court of Appeals for the Seventh Circuit.

Justice Brennan, Justice Marshall, and Justice Blackmun have filed dissenting opinions.

William J. Brennan, Jr.:

Thank you Justice Stevens.