Pierson v. Ray

Pierson v. Ray
Argued January 11, 1967
Decided April 11, 1967
Full case nameRobert L. Pierson v. J. L. Ray
Citations386 U.S. 547 (more)
87 S. Ct. 1213; 18 L. Ed. 2d 288; 1967 U.S. LEXIS 2791
ArgumentOral argument
Case history
PriorPierson v. Ray, 352 F.2d 213 (5th Cir. 1965); cert. granted, 384 U.S. 938 (1966)
Court membership
Chief Justice
Earl Warren
Associate Justices
Hugo Black · William O. Douglas
Tom C. Clark · John M. Harlan II
William J. Brennan Jr. · Potter Stewart
Byron White · Abe Fortas
Case opinions
MajorityWarren, joined by Black, Clark, Harlan, Brennan, Stewart, White, Fortas
DissentDouglas
Superseded by
Harlow v. Fitzgerald, Anderson v. Creighton

Pierson v. Ray, 386 U.S. 547 (1967), was a United States Supreme Court case in which the Court first introduced the justification for qualified immunity for police officers from being sued for civil rights violations under Section 1983, by arguing that "[a] policeman's lot is not so unhappy that he must choose between being charged with dereliction of duty if he does not arrest when he had probable cause, and being mulcted in damages if he does."[1]

  1. ^ Schwartz, Joanna C. (2017). "How Qualified Immunity Fails" (PDF). The Yale Law Journal. Yale Law School. Retrieved February 26, 2020.