United States Second Circuit

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Coggins v. Buonora, 13-4635

In this case, plaintiff alleges that defendant officers knowingly falsified and committed material facts from police reports, lied to the district attorney and the grand jury, and conspired to do the same, resulting in his malicious prosecution. The district court's order granting in part and denying in part defendant Buonora's motion to dismiss on grounds that Buonora has absolute immunity from any 42 U.S.C. section 1983 claim based solely on his grand jury testimony is affirmed as to the denial of Buonora's absolute and qualified immunity from suit on plaintiff's section 1983 claim unrelated to the grand jury testimony, and dismissed as to the balance of the appeal, where: 1) if the claim requires the grand jury testimony, the defendant enjoys absolute immunity under Rehberg v. Paulk; 2) denying police officers absolute immunity from civil suits for conduct other than their grand jury testimony does not risk depriving the tribunal of critical evidence; and 3) plaintiff properly alleges misconduct that is not based on Buonora's grand jury testimony, and thus absolute immunity is inappropriate as to those claims.

Appellate Information

  • Decided 01/13/2015
  • Published 01/13/2015


  • Wesley


  • United States Second Circuit


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