Can a federal officer be immune from prosecution for unlawful arrest and detention?
MultiRegion, United States of America
The following excerpt is from Bivens v. Six Unknown Named Agents of Fed. Bur. of Narc., 456 F.2d 1339 (2nd Cir. 1972):
Using similar reasoning, other courts have come to opposite results. Norton v. McShane, 332 F.2d 855 (5th Cir. 1964), involved an action against several federal officers, including a U.S. Marshal, for unlawful arrest and detention without probable cause. Holding that all of the defendants were immune, the court said:
The dissenting judge believed that the acts complained of could not be within the defendants' scope of authority.4
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