Barr v. Matteo
Is it still good law? What later courts have actually done to this case.
Status
More on how this was screened
Black Lives Matter D.C. v. Trump recounts that the Westfall Act replaced the common-law immunity regime for covered federal employees' state-law torts; it says Congress abrogated Westfall v. Erwin, rather than holding that Barr itself was abrogated. An Arizona court separately chose qualified immunity for state officials under Arizona law. The text of one citing opinion could not be reliably identified, so it remains unread.
37 later cases cite Barr v. Matteo; 37 of those citations sat close to treatment language and were flagged for reading; the progress bar above tracks how many have been read so far. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.
Relying on Barr v. Matteo?
This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.
Treatments
Limited
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The Delaware federal district court declined to extend Barr's absolute immunity rule to a federal due process damages claim and applied the qualified immunity standard of Wood v. Strickland.
Chaudoin v. Atkinson · District of Delaware · filed
It is true that the Supreme Court in Wood did not purport to overrule the Barr case. It well may be that Barr retains its vitality in situations like that involved in Barr where the plaintiff was asserting a traditional common law tort claim (i. e. defamation). We need not decide that question, however, because whatever may be the rule in such cases, the court can find no logical basis for distinguishing the situation before this Court from that before the court in Wood.
Read the full opinion on CourtListener → -
The California federal district court confined Barr's absolute immunity rule to common-law tort claims, assigning constitutional and civil-rights claims to a qualified immunity test.
Sportique Fashions, Inc. v. Sullivan · Northern District of California · filed
Although there is authority that Scheuer did not overrule Barr, e. g., Chaudoin v. Atkinson, 406 F.Supp. 32, 34 (D.Dela.1975), it now appears to be the law that claims of violations of constitutional or civil rights fall under the “good faith” test of Scheuer, while Barr applies to no more than actions for common-law torts.
Read the full opinion on CourtListener →
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