Legal Opinion

David Neil Spaulding v. Thomas W. Nielsen, Chief U.S. Probation Officer, and Henry Lucas, Jr., Deputy U.S. Probation Officer

Court of Appeals for the Fifth Circuit

Decided July 30, 1979No. 78-2736PublishedCited by 77 opinions

1Per curiam

This case presents the question whether a federal probation officer is immune from a suit for damages based on alleged misconduct in the investigation and preparation of a presentence report. Appellant Spaulding, the plaintiff below, brought a civil action seeking damages, as well as equitable and declaratory relief. He claimed that defendants Nielsen and Lucas were responsible for an incomplete and incorrect presentence report, 1 which denied him due process of law. The court below dismissed the action for failure to state a claim, holding that defendants were quasi-judicial officers and…

2Cases cited9 opinions

  1. Imbler v. PachtmanSupreme Court of the United States · 1976
  2. Stump v. SparkmanSupreme Court of the United States · 1978
  3. Pierson v. RaySupreme Court of the United States · 1967
  4. Wood v. StricklandSupreme Court of the United States · 1975
  5. Norman Burkes, Jr. v. Luther Callion, Deputy Central Adult Investigations, Etc.Court of Appeals for the Ninth Circuit · 1970

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3Cited by77 opinions

  1. Scotto v. AlmenasCourt of Appeals for the Second Circuit · 1998
  2. Scotto v. AlmenasCourt of Appeals for the Second Circuit · 1998
  3. Taggart v. StateWashington Supreme Court · 1992
  4. Snell v. TunnellCourt of Appeals for the Tenth Circuit · 1990
  5. Frank S. Dorman v. Michael HigginsCourt of Appeals for the Second Circuit · 1987

72 more not listed; retrieve them via the Exa API.

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