Epstein Secrets

port of their claims." Id. (citing Scheuer v. Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 40 L.Ed.2d 90 (1974), overruled on other grounds, Harlow v. Fitzgerald, 457 U.S. 800, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982)). The defendants raise several arguments in support of their motion, each of which I address in

in a trial on the merits, but whether they should be afforded an opportunity to offer evidence in support of their claims." Id. (citing Scheuer v. Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 40 L.Ed.2d 90 (1974), overruled on other grounds, Harlow v. Fitzgerald, 457 U.S. 800, 102 S.Ct. 2727, 73 L.Ed.2d

port of their claims." Id. (citing Scheuer v. Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 40 L.Ed.2d 90 (1974), overruled on other grounds, Harlow v. Fitzgerald. 457 U.S. 800, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982)). The defendants raise several arguments in support of their motion, each of which I address in

in a trial on the merits, but whether they should be afforded an opportunity to otter evidence in support of their claims." Id. (citing Scheuer v. Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 40 L.Ed.2d 90 (1974), overruled on other grounds, Harlow v. Fitzgerald. 457 U.S. 800, 102 S.Ct. 2727, 73 L.Ed.2d

d conduct in a good-faith belief that the con- duct was valid (the subjective element)." On further consideration, however, the Court in Harlow v. Fitzgerald stated, "[t]he subjective element of the good-faith defense frequently has proved incompatible with our admonition in Butz that insub- stantial cl

478, 516-17, 98 S.Ct. 2894, 2915-16, fi7 L.Ed.2d 895 (1978). Oth- er executive officials are entitled to quali- fied immunity, see, e.g.. Scheuer v. Rhodes, 416 U.S. 232, 247-49, 94 S.Ct. 1688, 1691- 92, 40 LEd.2d 90 (1974) (state executive officials), as are prosecutorial activities that are merely a