The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: Monday, November 7, 1977
Decision: Thursday, June 29, 1978
Issues: Economic Activity, Governmental Liability
Categories: attorneys, immunity

Advocates

David C. Buxbaum (Argued the cause for the respondents)
Daniel M. Friedman (Argued the cause for the petitioners)

Facts of the Case

Following a failed attempt by the Department of Agriculture to revoke or suspend his commodity futures commission company's registration, Arthur Economou sought damages against Earl Butz and several other federal administrative officials for wrongful initiation of administrative proceedings. On appeal from an adverse district court finding of absolute immunity for state officials, the New York Court of Appeals reversed as it found that federal administrators were only entitled to qualified immunity. Butz appealed and the Supreme Court granted certiorari.

Question

Are federal administrators entitled to absolute or qualified immunity in the face of challenges to their conduct of public business?

Conclusion

In a 4-to-5 opinion, the Court began by noting that absent exceptional circumstances federal executive officials are only entitled to qualified immunity, since such officials must abide by constitutional and statutory scope-of-power limitations. Federal officials who perform adjudicatory, or other similar prosecutorial functions, cannot, however, be held liable for mere "good faith" judgment errors. The Court reasoned that the risk of making unconstitutional determinations is outweighed by the need to preserve independent judgement, through grants of absolute immunity to judges and other similarly situated decision makers. The Court concluded that the similarity between the type of decision-making required of federal prosecutors and other administrative agents is sufficiently strong to warrant an extension of absolute immunity to the latter for decisions made in the course of their official conduct.

Supreme Court Justice Opinions and Votes (by Seniority)

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Decision: 5 votes for Butz, 4 vote(s) against
Voted with the minority, joined Rehnquist's dissent
Burger
Voted with the majority
Brennan
Voted with the minority, joined Rehnquist's dissent
Stewart
Wrote the majority opinion
White
Voted with the majority
Marshall
Voted with the majority
Blackmun
Voted with the majority
Powell
Wrote a dissent
Rehnquist
Voted with the minority, joined Rehnquist's dissent
Stevens
Full Opinion by Justice Byron R. White

Cite this page

The Oyez Project, Butz v. Economou, 438 U.S. 478 (1978),
available at: <http://www.oyez.org/cases/1970-1979/1977/1977_76_709/>
(last visited ).