The following excerpt is from Bivens v. Six Unknown Named Agents of Fed. Bur. of Narc., 456 F.2d 1339 (2nd Cir. 1972):
Once it has been established that the officers were acting within the scope of their authority, in order to be immune they must show that they perform "discretionary acts at those levels of government where the concept of duty encompasses the sound exercise of discretionary authority." Barr v. Matteo, supra, 360 U.S. 564, 575, 79 S.Ct. 1335, 1341 (1959).
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