Cline v. Tait

“We have in this case an instance of an age-old type of contest — one between a citizen and peace officers who exceed their powers. Protection of the citizen requires that he be not molested by such officers except pursuant to the precise terms of lawful, official authority. On the other hand, enforcement of the state’s orders requires that its officers be protected from excessive harassment so that they will not be paralyzed by fear in discharge of their functions; * *’ (Ingo v. Koch, 2 Cir., 127 Fed. (2d) 667, 671.)

The defendant sheriff was expressly required by both federal (sec. 595,…