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MOORE v. BUCK

No. 19294.

443 F.2d 25 (1971)

James H. MOORE, Appellant, v. Milton A. BUCK, Assistant Prosecutor of Essex County Superior Court at New Jersey.

United States Court of Appeals, Third Circuit.

Decided May 12, 1971.

Attorney(s) appearing for the Case

James H. Moore, pro se.

Milton A. Buck, Essex County Prosecutor, Newark, N. J. (Joseph P. Lordi, Essex County Prosecutor, Joseph A. Fusco, Asst. Prosecutor, Newark, N. J., on the brief), for appellee.

Before KALODNER, VAN DUSEN and ALDISERT, Circuit Judges.

OPINION OF THE COURT

PER CURIAM:

This appeal from an order dismissing a complaint under the Civil Rights Act, 42 U.S.C. § 1983, against an assistant state prosecutor presents the question of official immunity. A public prosecutor is immune from liability under the Act except where the alleged wrongful conduct is "clearly outside their jurisdiction," Bauers v. Heisel, 361 F.2d 581, 590 (3 Cir. 1966), cert. denied 386...

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