Michael A. Galvan v. Giles Garmon

We are presented here with the narrow question of whether a state probation officer, who mistakenly causes the arrest and incarceration of a person on probation, may claim absolute or only qualified immunity in a § 1983 damage suit. The district court below directed a verdict for defendant-ap-pellees at the close of plaintiff-appellant’s case, on the ground that the probation officer was cloaked with absolute immunity for her actions. Since we find that the probation officer in the immediate case was only entitled to qualified immunity, we vacate the district court’s order and remand.

Appellant…