Legal Opinion
Gomez v. Toledo
Supreme Court of the United States
Decided May 27, 1980No. 79-5601PublishedCited by 2,729 opinions
1Opinion of the CourtJustice Marshall
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.
I
Petitioner Carlos Rivera Gomez brought this action against respondent, the Superintendent of the Police of the Commonwealth of Puerto Rico, contending that respondent had violated his right to procedural due process by discharging him from…
2Cases cited28 opinions
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3Cited by2,729 opinions
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