GOMEZ V. TOLEDO
446 U.S. 635 (1980)
NATURE OF THE CASE: This was an appeal from dismissal of an action against a public
official for failure to allege bad faith.
FACTS: Gomez (P), an agent of the Puerto Rican police, submitted a sworn statement to his
superior that certain co-agents had falsified evidence with respect to a criminal
investigation. He later testified in the trial arising out of that investigation as a
defense witness and swore there that the co-agents had falsified the evidence in question.
Thereafter, criminal charges were brought against P for wiretapping the other agents'
telephones, but the charges were dismissed. During this period, P transferred out of the
investigative branches to Police Headquarters and then to the Police Academy. P was then
discharged without a hearing and instituted this suit under 42 USC 1983. P alleged a
discharge in violation of his procedural due process rights and that this had caused him
anxiety, embarrassment and injury to his reputation. P was reinstated by court order and
granted back pay, but sought damages for the violation of his procedural due process rights
under 42 U.S.C. Section 1983. That complaint failed to allege bad faith on the part of
Toledo (D), who contended that his qualified immunity required such an allegation. D moved
under Rule 12(b)(6) to dismiss the complaint.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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