Malley v. Briggs

[*337] Justice White delivered the opinion of the Court.

This case presents the question of the degree of immunity accorded a defendant police officer in a damages action under 42 U. S. C. § 1983 when it is alleged that the officer caused the plaintiffs to be unconstitutionally arrested by presenting a judge with a complaint and a supporting affidavit which failed to establish probable cause. ) — I In December 1980, the Rhode Island State Police were conducting a court-authorized wiretap on the telephone of one Paul Driscoll, an acquaintance of respondents’ daughter. On December 20, the police intercepted a call to Driscoll from an unknown individual who identified himself as “Dr. Shogun.” The police logsheet summarizes the call as follows: “General conversation re. a party they went to last night. . . caller says I can’t believe I was token [sic] in front of Jimmy Briggs — caller states he passed it to Louisa . . . Paul says Nancy was sitting in his lap rolling her thing.” App. 78.

Petitioner Edward Malley (hereafter petitioner) was the Rhode Island state trooper in charge of the investigation of Driscoll. After reviewing the logsheet for December 20, petitioner decided that the call from “Dr. Shogun” was incriminating, because in drug parlance “toking” means smoking marihuana and “rolling her thing” refers to rolling a mari [*338] huana cigarette. Petitioner also concluded that another call monitored the same day showed that the party discussed by Driscoll and “Dr. Shogun” took place at respondents’ house. On the basis of these two calls, petitioner drew up felony complaints charging that respondents and Paul Driscoll “did unlawfully conspire to violate the uniform controlled substance act of the State of Rhode Island by having [marihuana] in their possession . . . .” Id., at 74. These complaints were presented to a State District Court Judge in February 1981, after the wiretap of Driscoll’s phone had been terminated. Accompanying the complaints were unsigned warrants for each respondent’s arrest, and supporting affidavits describing the two intercepted calls and petitioner’s interpretation of them. The judge signed warrants for the arrest of respondents and 20 other individuals charged by petitioner as a result of information gathered through the wiretap.