United States DC Circuit

In a 42 U.S.C. section 1983 action challenging Plaintiff's dismissal from a grand jury, the dismissal of the complaint is affirmed in part, where Plaintiff's Equal Protection claims did not permit the court to infer more than a mere possibility of misconduct, but reversed in part, where the District Court erred in holding that Defendants had absolute immunity for the removal of a grand juror.

Appellate Information

• Argued 03/06/2009
• Decided 06/02/2009
• Published 06/02/2009

Judges

• Before:  KAVANAUGH, Circuit Judge, and EDWARDS and WILLIAMS, Senior Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Sarah Campbell, Student Counsel, argued the cause as amicus curiae in support of appellant.   With her on the briefs were James E. Coleman, Jr., appointed by the court, Sean E. Andrussier, Attorney, and James McDonald, Eugenie Montague, Emily Sauter, and Eric Wiener, Student Counsel., Peter J. Atherton, Pro Se, was on the briefs for appellant.


• For Appellees:
  
• Judith A. Kidwell, Assistant U.S. Attorney, argued the cause for Federal Appellees.   With her on the brief were Jeffrey A. Taylor, U.S. Attorney, and R. Craig Lawrence, Assistant U.S. Attorney., Richard S. Love, Senior Assistant Attorney General, Office of the Attorney General for the District of Columbia, argued the cause for appellees Suzanne Bailey-Jones, et al.   With him on the brief were Peter J. Nickles, Attorney General, Todd S. Kim, Solicitor General, and Donna M. Murasky, Deputy Solicitor General.