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GISSEN v. TACKMAN

Nos. 75-1299, 75-1804 and 75-2214.

537 F.2d 784 (1976)

Ira GISSEN, Appellant, v. Arthur L. TACKMAN et al.

United States Court of Appeals, Third Circuit.

Reargued May 13, 1976.

Decided July 2, 1976.

Attorney(s) appearing for the Case

Bernard A. Kuttner, Newark, N. J., for appellant.

Jonathan L. Goldstein, U. S. Atty., Maryanne T. Desmond, Asst. U. S. Atty., Newark, N. J., for appellee.

Robert L. Potter, Pittsburgh, Pa., for amicus curiae.

Before SEITZ, Chief Judge, and VAN DUSEN, ALDISERT, ADAMS, GIBBONS, ROSENN, HUNTER, WEIS and GARTH, Circuit Judges.

OPINION OF THE COURT

PER CURIAM.

We granted in banc consideration of this appeal to decide whether the doctrine of immunity for federal officials announced in Barr v. Matteo, 360 U.S. 564, 79 S.Ct. 1335, 3 L.Ed.2d 1434 (1959), is available to a federal executive officer sued by a former federal employee on a claim of constitutional deprivation. Because of the intervening decision in Brown v. General Services Administration...

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