Davis et al. v. Scherer (468 U.S. 183)
U.S. Supreme Court · decided June 28, 1984 · Supreme Court Database (Spaeth)
- Citation
- 468 U.S. 183 · 104 S. Ct. 3012
- Decided
- June 28, 1984
- Term
- October Term 1983
- Vote
- 5–4
- Majority author
- Justice Powell
- Issue area
- Civil Rights
- Disposition
- Reversed and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
Justice Powell delivered the opinion of the Court. 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 Highway Safety and Motor Vehicles required that proposed outside employment of Patrol members be approved by the Department. A letter from appellee’s troop commander, Capt. K. S. Sconiers, dated September 1, 1977, granted appellee permission to accept the part-time work. The letter noted that permission would be rescinded “should [the] employment interfere . . . with your duties with [the] department.” 543 F. Supp. 4, 8 (ND Fla. 1981). Later that month, Capt. Sconiers informed appellee by memorandum that permission to accept the employment was revoked. As Capt. Sconiers explained at trial, his superiors in the Highway Patrol had determined that appellee’s reserve deputy duties could conflict with his duties at the Highway Patrol. Appellee…
Excerpt of a 44,766-character opinion. The full text and citation network load in the interactive viewer above.