1. Home
  2. Browse Decisions
  3. U.S.
  4. 446 U.S.
  5. 446 U.S. 635 (1980)
 

GOMEZ v. TOLEDO

No. 79-5601.

446 U.S. 635 (1980)

GOMEZ v. TOLEDO.

Supreme Court of United States.

Decided May 27, 1980.

Attorney(s) appearing for the Case

Michael Avery argued the cause for petitioner. With him on the brief was David Rudovsky.

Federico Cedo Alzamora argued the cause and filed a brief for respondent.*

MR. JUSTICE MARSHALL delivered the opinion of the Court.

The question presented is whether, in an action brought under 42 U. S. C. § 1983 against a public official whose position might entitle him to qualified immunity, a plaintiff must allege that the official has acted in bad faith in order to state a claim for relief or, alternatively, whether the defendant must plead good faith as an affirmative defense.

NEVER MISS A DECISION. START YOUR SUBSCRIPTION.

Uncompromising quality. Enduring impact.
Your support ensures a bright future for independent legal reporting.

As you are aware we have offered this as a free subscription over the past years and we have now made it a paid service.Look forward to your continued patronage.

GET STARTED
OR

Read it with your Leagle account.
Sign in to continue


Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases