Davis v. Scherer
Supreme Court of the United States
1Opinion of the CourtJustice Powell
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, applied for permission from the Patrol to work as well for the Escambia County Sheriff’s Office as a reserve deputy. To avoid conflicts of interest, an order of the Florida Department of…
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