Gomez v. Toledo, No. 79-5601 (U.S. Supreme Court) (446 U.S. 635; 100 S.Ct. 1920) (May 27, 1980) (Justice Marshall)
Here, citing the provisions of Fed.R.Civ.P. 8(c), which requires a defendant to plead any "matter constituting an avoidance or affirmative defense," the Court held that immunity is an affirmative defense which must be pled or it will be deemed waived.
Petitioner, police officer, was charged with illegal wiretapping of police ...
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