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DELLUMS v. POWELL

No. 80-1331.

660 F.2d 802 (1981)

Honorable Ronald V. DELLUMS, et al., v. James M. POWELL, Chief, United States Capitol Police, and John N. Mitchell, Department of Justice, Appellants, Jerry V. Wilson, Chief, Metropolitan Police Department, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided July 24, 1981.

Attorney(s) appearing for the Case

David H. White, Atty., Dept. of Justice, of the bar of the Supreme Court of Kentucky, Lexington, Ky., pro hac vice, by special leave of court, with whom Alice Daniel, Asst. Atty. Gen. at the time the brief was filed, Washington, D.C., Charles F. C. Ruff, U. S. Atty., and Barbara L. Herwig, Atty., Dept. of Justice, Washington, D. C., were on the brief, for appellants. Robert J. Franzinger, Atty., Dept. of Justice, Washington, D. C., entered an appearance for appellants.

Judith A. Sandler, Washington, D.C., with whom Arthur B. Spitzer, Warren K. Kaplan, and Richard J. Kendall, Washington, D. C., were on the brief, for appellees.

Before WRIGHT, TAMM and EDWARDS, Circuit Judges.

Opinion for the court filed by Circuit Judge J. SKELLY WRIGHT.

Opinion concurring in part and dissenting in part filed by Circuit Judge HARRY T. EDWARDS.

J. SKELLY WRIGHT, Circuit Judge:

This appeal raises narrow issues concerning official immunity against suits alleging constitutional violations. The District Court held that defendants John Mitchell and James Powell were entitled to only qualified immunity against a claim of malicious prosecution...

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