United States Second Circuit

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Warney v. Monroe Cty., 08-0947

In a civil rights action alleging that the exculpatory result of post-trial DNA testing was not timely disclosed to plaintiff, denial of defendant-prosecutors' motion for summary judgment based on absolute or qualified immunity is reversed where, because the testing was undertaken in connection with post-trial proceedings and was therefore integral to the advocacy function, the prosecutors enjoyed absolute immunity under Imbler v. Pachtman, 424 U.S. 409 (1976).

Appellate Information

  • Decided 11/13/2009
  • Published 11/13/2009


  • DENNIS JACOBS, Chief Judge:, Before:  JACOBS, Chief Judge, NEWMAN and POOLER, Circuit Judges.


  • United States Second Circuit


  • For Appellees:
  • Michael E. Davis, Second Deputy County Attorney, for DANIEL M. De LAUS, JR., Monroe County Attorney, Rochester, NY, for Defendants-Appellants., Deborah L. Cornwall, (Peter J. Neufeld, Sarah Crowley, on the brief), Cochran Neufeld & Scheck, LLP, New York, NY, for Plaintiff-Appellee., Steven A. Bender and Anthony J. Servino, for Daniel M. Donovan, President of the District Attorneys Association of New York State, for amicus curiae District Attorneys Association of New York State, in support of Defendants-Appellants.
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