“The innocent individual who is harmed by an abuse of governmental authority is assured that he will be compensated for his injury. The offending official, so long as he conducts himself in good faith, may go about his business secure in the knowledge that a qualified immunity will protect him from personal liability for damages that are more appropriately chargeable to the populace as a whole.”

Source: Owens v. City of Independence, 445 U.S. 622, 657 (1980).

“Silence can only be equated with fraud where there is a legal or moral duty to speak or where an inquiry left unanswered would be intentionally misleading.”o

Source: United States v. Prudden, 424 F.2d 1021, 1032 (1970) (citing United States v. Sclafani, 265 F.2d 408 (2d Cir.), cert. den., 360 U.S. 918, 79 S.Ct. 1436, 3 L.Ed.2d 1534 (1959); c.f., Avery v. Clearly, 132 U.S. 604, 10 S.Ct. 220, 33 L.Ed. 469 (1890); Atilus v. United States, 406 F.2d 694, 698 (5th Cir. 1969); American Nat’l Ins. Co., etc. v. Murray, 383 F.2d 81 (5th Cir. 1967)).

“Out of deference to the deep rooted policy in favor of the repose of judgments…courts of equity have been cautious in exercising their power [in upsetting judgments]…But when the occasion has demanded, where enforcement of the judgment is ‘manifestly unconscionable’…they have wielded the power without hesitation.”

Source: Hadden v. Ramsey Products, 95 F.Supp. 988 (W.D.N.Y. 1951).