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HARLOW v. FITZGERALD

No. 80-945.

457 U.S. 800 (1982)

102 S.Ct. 2727

73 L.Ed.2d 396

HARLOW ET AL. v. FITZGERALD

Supreme Court of United States.

Decided June 24, 1982.

Attorney(s) appearing for the Case

Elliot L. Richardson argued the cause for petitioners. With him on the briefs was Glenn S. Gerstell.

John E. Nolan, Jr., argued the cause for respondent. With him on the brief were Samuel T. Perkins and Arthur B. Spitzer.*

Briefs of amici curiae were filed by Solicitor General Lee for the United States; by Roger J. Marzulla and William H. Mellor III for the Mountain States Legal Foundation; by John C. Armor and H. Richard Mayberry for the National Taxpayers Legal Fund, Inc.; and by Thomas J. Madden for Senator Orrin G. Hatch et al.

JUSTICE POWELL delivered the opinion of the Court.

The issue in this case is the scope of the immunity available to the senior aides and advisers of the President of the United States in a suit for damages based upon their official acts.

I

In this suit for civil damages petitioners Bryce Harlow and Alexander Butterfield are alleged to have participated in a conspiracy to violate the constitutional and statutory rights of the respondent A. Ernest...

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