Harlow et al. v. Fitzgerald (457 U.S. 800)

U.S. Supreme Court · decided June 24, 1982 · Supreme Court Database (Spaeth)

Citation
457 U.S. 800 · 102 S. Ct. 2727
Decided
June 24, 1982
Term
October Term 1981
Vote
8–1
Majority author
Justice Powell
Issue area
Economic Activity
Disposition
Vacated and remanded
Outcome
Petitioning party won
Ideological direction
Liberal

Opinion excerpt

Justice Powell delivered the opinion of the Court. The issue in this case is the scope of the immunity available to the senior aides and advisers of the President of the United States in a suit for damages based upon their official acts. I In this suit for civil damages petitioners Bryce Harlow and Alexander Butterfield are alleged to have participated in a conspiracy to violate the constitutional and statutory rights of the respondent A. Ernest Fitzgerald. Respondent avers that petitioners entered the conspiracy in their capacities as senior White House aides to former President Richard M. Nixon. As the alleged conspiracy is the same as that involved in Nixon v. Fitzgerald, ante, p. 731, the facts need not be repeated in detail. Respondent claims that Harlow joined the conspiracy in his role as the Presidential aide principally responsible for congressional relations. At the conclusion of discovery the supporting evidence remained inferential. As evidence of Harlow’s conspiratorial activity respondent relies heavily on a series of conversations in which Harlow discussed Fitzgerald’s dismissal with Air Force Secretary Robert Seamans. The other evidence most supportive of Fitzgerald’s claims consists of a recorded conversation in which the President later voiced a tentative recollection that Harlow was “all for canning” Fitzgerald. Disputing Fitzgerald’s contentions, Harlow…

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