In the 1966 case of Pierson et al. v. Ray et al., a group of clergymen were arrested in Mississippi for entering a segregated area, despite having been informed that segregation was no longer enforced there. They sued the police officers involved, alleging false arrest and violation of their civil rights under Section 1983 - a federal statute allowing individuals to sue state officials for constitutional violations. The Supreme Court ruled in favor of the police officers on grounds that they had acted in good faith and with probable cause, believing their actions were appropriate under state law at the time. However, it also held that Section 1983 did not eliminate any pre-existing common-law defense available to defendants such as "good faith" or "probable cause". This decision established an important precedent regarding qualified immunity – which protects government officials from lawsuits unless they violated clearly established constitutional or statutory rights.

In the dissenting opinion for Pierson et al. v. Ray et al., Justice Douglas argued that police officers should not be granted immunity from prosecution when they act in bad faith or with malice, as this would undermine citizens' constitutional rights and protections. He contended that the majority's decision to uphold qualified immunity for law enforcement officials could potentially enable abuses of power by shielding officers from legal consequences even when they knowingly violate individuals' civil liberties. Furthermore, he expressed concern that such a ruling might discourage victims of police misconduct from seeking justice through litigation due to fears about the potential futility of their efforts against protected government agents.