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McLAUGHLIN v. WATSON

Nos. 00-2377, 01-1372.

271 F.3d 566 (2001)

John McLAUGHLIN; Charles A. Micewski; Dennis J. McKeefery; Edward Eggles, v. Alex WATSON, Assistant Secretary of State for the U.S. State Department; Dave Lawrence; Larry Leightley; Victoria Naylor; Michael Stiles; Detective Silvana; Detective Woods; Arnold Gordon; Tom Corbett; John Kelly; Michael B. Fisher; Richard Patton; Lou Gentile; Fiquito Vasquez; Pena-Gomez; Pedro Corporan, Michael Stiles, Appellant.

United States Court of Appeals, Third Circuit.

Filed November 20, 2001.

Attorney(s) appearing for the Case

Mary C. Frye, Office of the United States Attorney, Harrisburg, PA, Peter R. Maier (Argued), Barbara L. Herwig, United States Department of Justice Civil Division, Appellate Staff, Washington, DC, Counsel for Appellant.

Donald A. Bailey (Argued), , Harrisburg, PA, Counsel for Appellees McLaughlin; Micewski; McKeefery and Eggles.

Robert B. Hoffman, Reed Smith, Harrisburg, PA, Counsel for Appellees Kelly; Fisher; Patton and Gentile.

Before: SCIRICA, GREENBERG and COWEN, Circuit Judges.

OPINION OF THE COURT

COWEN, Circuit Judge.

We are presented with the question of when a federal official is entitled to "qualified immunity" in a Bivens-based1 civil action for damages. Because we conclude that the District Court erred in denying Defendant the protection of qualified immunity, we will reverse.

I.

This litigation centers around an investigation...

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