Allen L. Fludd v. United States Secret Service Maurice Daugherty

This case presents the novel question of the district court’s authority to hold a “factual hearing” on the issue of qualified immunity when, on the basis of the affidavits before the court, “the present record is not entirely clear and there are, indeed, some contradictions in the record.” Fludd v. United States Secret Service, Civ. No. 82-2172 (D.D.C.Feb. 28, 1985) (order). By order dated April 15, 1985, a divided panel of this court granted petitioners/appellants’ petition for writ of mandamus preventing the district court from holding the factual hearing. We now issue this opinion to…