0N APRIL 29, 1970, the Governor of Ohio called out elements of the Ohio National Guard in response to alleged civil disorders in the city of Kent, Ohio, and on the campus of Kent State University. In the course of the resulting confrontation between students and members of the Guard, four students were shot and killed. The personal representatives of the estates of three of the deceased students brought actions for damages under the Civil Rights Act of 18711 naming the Governor, the Adjutant General of the Ohio National Guard, various officers and members of the Guard, and the president of the university as defendants. The complaints alleged, in essence, that each of the named defendants either acted outside the scope of his respective authority, or if within the scope, acted in an arbitrary manner and thus abused the power of his office.