Gomez v. Toledo

446 U.S. 635 (1980)


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.