In the case of Davis et al. v. Scherer, 1983, the U.S Supreme Court ruled that government officials are not immune from liability for violating an individual's constitutional rights even if they were acting in accordance with a state law or regulation that was later deemed unconstitutional. The case arose when Florida Department of Law Enforcement officer William Scherer had his employment terminated by supervisors Robert Davis and others who claimed he violated department rules on outside employment. However, these rules were subsequently found to be unconstitutional under Florida law. Scherer sued Davis and others claiming violation of his First Amendment rights and procedural due process right under the Fourteenth Amendment as well as seeking damages for emotional distress caused by wrongful termination. While lower courts held that defendants could claim qualified immunity because they believed their actions complied with valid regulations at the time, this decision was overturned by Supreme Court which stated that officers' subjective belief about legality does not affect whether they can be held liable for constitutional violations.

In the dissenting opinion for Davis et al. v. Scherer, Justice Brennan argued that a public official's subjective belief about the legality of their actions should not shield them from liability for constitutional violations. He contended that officials who knowingly violate an individual's constitutional rights should be held accountable regardless of whether they were aware that their actions also violated a statute or regulation. Furthermore, he criticized the majority’s decision as it could potentially encourage ignorance among public officials about regulations and undermine efforts to hold them accountable for unconstitutional conduct. The justice believed this ruling would allow government officers to escape responsibility by claiming unawareness of minor statutes or administrative rules even when they intentionally infract major Constitutional rights.