George H. Hughes v. James Johnson

Appellees are federal game wardens. Appellants are the owners of the Gridley Poultry Market, located in Gridley, California, which engages in the business of cold storage of game birds of hunters. The action is brought to recover from appellees damages allegedly suffered by appellants by virtue of appellees’ trespass in an unlawful search for and seizure of game birds in appellants’ possession.

Appellants sought compensatory damages for loss of business and business reputation and false imprisonment. They also sought punitive damages. Alleging that such trespasses have occurred in the past, they sought an injunction against further trespass.

The action was brought in the California state courts. Appellees removed the suit to the federal courts pursuant to 28 U.S.C. § 1442 , and then moved to dismiss on the ground that the complaint failed to state a claim. The district court ruled that the acts of the appellees were within the scope of their duties as federal officers and were accordingly protected by immunity from civil suit under Barr v. Matteo, 1959, 360 U.S. 564 , 79 S.Ct. 1335 , 3 L.Ed.2d 1434 . The motion of appellees was granted, the action was dismissed and this appeal…