Jack Harris, II v. City of Roseburg, Municipal Corporation, John Miller and Les Bergman

Defendant-appellee Bergman, a police officer of the City of Roseburg, was present at an illegal repossession by a creditor of a semi-tractor purchased under contract by plaintiff-appellant, Jack Harris. The district court granted summary judgment in favor of Bergman and the City of Rose-burg, holding that Bergman could not be held liable for an alleged deprivation of appellant’s constitutional rights under 42 U.S.C. § 1983 , because the officer never had actual or constructive possession of the semi-tractor. Although we conclude that the court incorrectly interpreted § 1983, we affirm on the ground that Bergman was immune from liability because he acted in good faith and with a reasonable belief that his conduct was lawful.

I. Factual Background

Harris purchased a semi-tractor on contract from Lee Cantwell, who retained a security interest. Harris was delinquent in his payments, and in December, 1977 Cant-well’s attorney wrote Harris threatening to institute legal proceedings. Although Harris paid Cantwell $3,000 over the next four months, Cantwell decided to repossess the semi-tractor in April, 1978.

Fearing violence if he attempted to repossess the vehicle alone, Cantwell…