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WHITE v. FRANK

Nos. 1300, 1301, Dockets 88-7271, 88-7273.

855 F.2d 956 (1988)

Willie D. WHITE, Plaintiff-Appellee, v. Richard FRANK, Freeman Marshall, Defendants-Appellants, City of Poughkeepsie, Defendant.

United States Court of Appeals, Second Circuit.

Decided August 24, 1988.

Attorney(s) appearing for the Case

Edward L. Owen, III, New York City (Milton Thurm, Thurm & Heller, Peter I. Sheft, Robert P. Siegel, Sheft, Wright & Sweeney, New York City, on the brief), for defendants-appellants.

Gerald D. Reilly, White Plains, N.Y. (Reilly & Lewis, White Plains, N.Y., on the brief), for plaintiff-appellee.

Before NEWMAN, KEARSE and CARDAMONE, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

This case requires consideration of the circumstances under which a police officer who intentionally gives false testimony before a grand jury is entitled to absolute immunity from civil liability under 42 U.S.C. § 1983 (1982). The issue is raised on an interlocutory appeal by defendants-appellants Richard Frank and Freeman Marshall from an order of the District Court for the Southern District of New York (David N. Edelstein, Judge...

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