Crawford-El v. Britton, 523 U.S. 574, 13 (1998)

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586

CRAWFORD-EL v. BRITTON

Opinion of the Court

ing in Harlow does not resolve the issue presented in this case—indeed, it does not even address any question concerning the plaintiff's affirmative case. We shall then consider whether the reasoning in that opinion nevertheless supports the conclusion reached by the Court of Appeals.

Harlow's Specific Holding

In 1968, A. Ernest Fitzgerald testified before a congressional subcommittee about technical difficulties and excessive costs incurred in the development of a new transport plane. His testimony was widely reported and evidently embarrassed his superiors in the Department of Defense. In 1970, his job as a management analyst with the Department of the Air Force was eliminated in a "departmental reorganization and reduction in force." Nixon v. Fitzgerald, 457 U. S. 731, 733 (1982). After the conclusion of extended proceedings before the Civil Service Commission in 1973, Fitzgerald filed suit against the President of the United States and some of his aides alleging that they had eliminated his job in retaliation for his testimony. He sought damages on both statutory grounds and "in a direct action under the Constitution." Id., at 748. When his charges were reviewed in this Court, we considered the defendants' claims to immunity in two separate opinions. In Nixon v. Fitzgerald, we held that a former President is entitled to absolute immunity from damages liability predicated on conduct within the scope of his official duties. Id., at 749. In Harlow v. Fitzgerald, 457 U. S. 800 (1982), we held that the senior aides and advisers of the President were not entitled to absolute immunity, id., at 808-813, but instead were protected by a "qualified immunity standard that would permit the defeat of insubstantial claims without resort to trial." Id., at 813.

Our definition of that qualified immunity standard was informed by three propositions that had been established by earlier cases. First, in Gomez v. Toledo, 446 U. S. 635, 639-

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