United States Second Circuit

In a 42 U.S.C. section 1983 action based on actions taken by the employees of the New York City Administration for Children's Services in connection with the investigation into the death of plaintiff's infant son, summary judgment for defendants is affirmed where: 1) the lawyer defendants were fulfilling functions similar to a prosecutor and were thus entitled to absolute immunity; and 2) caseworker defendants essentially functioned much more like investigators than prosecutors, so they were not entitled to absolute immunity, but they were nonetheless entitled to qualified immunity.

Appellate Information

• Argued 10/07/2009
• Decided 01/04/2010
• Published 01/04/2010

Judges

• RAKOFF, District Judge., Before: MINER and CABRANES, Circuit Judges, and RAKOFF, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Carolyn A. Kubitschek, Lansner & Kubitschek, New York, NY, for Plaintiff-Appellant.


• For Appellees:
  
• Janet L. Zaleon, Of Counsel, City of New York Law Department, New York, N.Y. (Michael A. Cardozo, Kristin M. Helmers, Joanthan L. Pines, City of New York Law Department, New York, NY, on the brief), for Defendants-Appellees.