The following excerpt is from Bivens v. Six Unknown Named Agents of Fed. Bur. of Narc., 456 F.2d 1339 (2nd Cir. 1972):
We believe this to be the same defense held applicable to cases arising under Section 1983. Pierson v. Ray, supra, 386 U.S. 547, 87 S.Ct. 1213 (1967).
[456 F.2d 1348]
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