United States Second Circuit

In an appeal from a judgment of the district court dismissing plaintiff's civil complaint for various prosecutorial misconduct, judgment is affirmed where the court correctly found that defendant-prosecutor was absolutely immune from liability for making alleged false statements in support of a material witness order and warrant, but reversed and vacated where the court failed to determine, in the first instance, whether immunity extends to defendant's decision to "preserve" evidence after the underlying criminal prosecution was over, and because absolute immunity does not shield a prosecutor from: 1) making defamatory statements to the press; 2) accessing a person’s voicemail without consent; or 3) persuading a party to a conversation to record its contents.

Appellate Information

• Decided 11/21/2011
• Published 11/21/2011

Judges

• WESLEY

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• BRADFORD BENSON, THOMAS HIGGS