The District Court dismissed Atherton’s suits after ruling inter alia that Bailey-Jones and Zachem were entitled to absolute immunity. The D. C. Circuit ruled that neither Bailey Jones or Zachem had absolute immunity. Absolute immunity only applies to officials when they are acting in judicial or advocacy roles. Both Bailey-Jones and Zachem were carrying out administrative duties and therefore were only entitled to limited immunity. Therefore the Circuit Court revived Altherton’s suit at least until the Supreme Court decides on the writ of certiorari.