99 F.2d 143 | D.C. Cir. | 1938
The fact situation out of which this appeal developed is the same as that from which have come three earlier appeals to this court. Several of the issues presented by appellant have been determined adversely to him in our previous decisions.
Demurrers to the declaration were sustained; appellant elected to stand upon his declaration; and judgment was entered in favor of appellees. This appeal is from that judgment.
The principles of law set out in Cooper v. O’Connor, 99 F.2d 135, 69 App.D.C. 100, No. 6956, decided this day, are equally controlling here. Recasting the facts — with other conclusions of law— as appellant has done, upon a slightly different theory of action, gives them no greater virtue. The declaration shows on its face that appellees were officials of the Federal' Government. We take judicial notice of the fact that the specific acts charged to have been committed by each of them, in each case came within the scope of his official authority. We have decided that their joint participation, in causing indictments to be returned against appellant was also properly within the scope of their authority. Cooper v. O’Connor, supra.
Assuming that all of their acts were done by joint agreement, it was proper that they should so act in carrying out their official duties. Consequently, appellant’s allegation of a conspiracy is a conclusion of law which falls qf its own weight.
As appellees acted within the scope of their authority, in each case, and in concert, their motives were immaterial; and they cannot be subjected to an action for damages alleged to have resulted therefrom, even though in the exercise of their official discretion, they may have been mistaken as to the facts or as to the application of the law. .Consequently, it is not necessary to inquire into the merits of the latter question.
Affirmed.
Cooper v. Woodin, 63 App.D.C. 311, 72 F.2d 170; Unitad States Savings Bank v. Morgenthan, 66 App.D.C. 234, 85 F. 2d 811, cert. denied, 299 U.S. 605, 57 S.Ct. 232, 81 L.Ed. 446, rehearing denied, 301 U.S. 713, 57 S.Ct. 793, 81 L. Ed. 1365; Cooper v. O’Connor, No. 6956, decided June 27, 1938, 69 App.D.C. 100, 99 F.2d 135.