United States Second Circuit

A political motive does not deprive prosecutors of absolute immunity from suit for authorized decisions made in the performance of their function as advocates; accordingly, plaintiffs' claims of advocative misconduct must be dismissed. Claims of investigative misconduct are not shielded by absolute immunity; whether these would survive dismissal is for the district court to determine.

Appellate Information

• Decided 01/30/2004
• Published 01/30/2004

Judges

• RAGGI, Circuit Judge., Before:  B.D. PARKER and RAGGI, Circuit Judges, SWAIN, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Orrit Hershkovitz, (Paul F. Millus, of counsel) Snitow, Kanfer, Holtzer & Millus, New York, New York, for Defendants-Appellants., William D. Wexler, (Kevin G. Snover, of counsel), North Babylon, New York, for Plaintiffs-Appellees.