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MAGNOTTI v. KUNTZ

No. 313, Docket 90-7497.

918 F.2d 364 (1990)

Jonas MAGNOTTI, Plaintiff-Appellee, v. Walter J. KUNTZ, Individually and in his official capacity as an Officer in the Police Department of New Haven, CT, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided November 8, 1990.

Attorney(s) appearing for the Case

John R. Williams, Williams & Wise, New Haven, Conn. (D. Kirt Westfall, Williams & Wise, New Haven, Conn., of counsel), for plaintiff-appellee.

Martin S. Echter, Deputy Corp. Counsel of the City of New Haven, New Haven, Conn., for defendant-appellant.

Before KAUFMAN, MAHONEY and WALKER, Circuit Judges.

IRVING R. KAUFMAN, Circuit Judge:

Government officials are personally liable for damages when, acting under color of law, they deprive an individual of "any rights, privileges, or immunities secured by the Constitution." 42 U.S.C. § 1983. The "qualified immunity" doctrine has arisen as a judicially-created counterbalance to this threat of civil punishment. The defense affords not only protection from liability, but, in addition, freedom from suit. This basic...

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