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DAVIS v. SCHERER

No. 83-490.

468 U.S. 183 (1984)

104 S.Ct. 3012

82 L.Ed.2d 139

DAVIS ET AL. v. SCHERER

Supreme Court of United States.

Decided June 28, 1984

Attorney(s) appearing for the Case

Mitchell D. Franks argued the cause for appellants. With him on the briefs were Jim Smith, Attorney General of Florida, and Vicki Gordon Kaufman, Bruce A. Minnick, and Pamela Lutton-Shields, Assistant Attorneys General.

Richard G. Wilkins argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Lee, Acting Assistant Attorney General Willard, Deputy Solicitor General Geller, Barbara L. Herwig, and John F. Cordes.

Bruce S. Rogow argued the cause and filed a brief for appellee.*

JUSTICE POWELL delivered the opinion of the Court.

Appellants in this case challenge the holding of the Court of Appeals that a state official loses his qualified immunity from suit for deprivation of federal constitutional rights if he is found to have violated the clear command of a state administrative regulation.

I

The present controversy arose when appellee Gregory Scherer, who was employed by the Florida Highway Patrol as a radio-teletype operator...

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