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MITCHELL v. FORSYTH

No. 84-335.

472 U.S. 511 (1985)

MITCHELL v. FORSYTH

Supreme Court of United States.

Decided June 19, 1985

Attorney(s) appearing for the Case

Deputy Solicitor General Bator argued the cause for petitioner. With him on the briefs were Solicitor General Lee, Acting Assistant Attorney General Willard, Samuel A. Alito, Jr., Barbara L. Herwig, Gorden W. Daiger, and Larry L. Gregg.

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

JUSTICE WHITE delivered the opinion of the Court.

This is a suit for damages stemming from a warrantless wiretap authorized by petitioner, a former Attorney General of the United States. The case presents three issues: whether the Attorney General is absolutely immune from suit for actions undertaken in the interest of national security; if not, whether the District Court's finding that petitioner is not immune from suit for his actions under the qualified immunity...

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