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GOMEZ v. TOLEDO

No. 79-5601.

446 U.S. 635 (1980)

100 S.Ct. 1920

64 L.Ed.2d 572

GOMEZ v. TOLEDO.

Supreme Court of United States.

Decided May 27, 1980.

Attorney(s) appearing for the Case

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

Federico Cedo Alzamora argued the cause and filed a brief for respondent.*

MR. JUSTICE MARSHALL delivered the opinion of the Court.

The question presented is whether, in an action brought under 42 U. S. C. § 1983 against a public official whose position might entitle him to qualified immunity, a plaintiff must allege that the official has acted in bad faith in order to state a claim for relief or, alternatively, whether the defendant must plead good faith as an affirmative defense.

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