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MARTIN v. MEROLA

No. 1024, Docket 75-7113.

532 F.2d 191 (1976)

James MARTIN et al., Plaintiffs-Appellants, v. Mario MEROLA, District Attorney, Bronx County, et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided February 5, 1976.

Attorney(s) appearing for the Case

Henry B. Rothblatt, New York City (Rothblatt, Rothblatt, Seijas & Peskin and Andrew P. Zweben, New York City, on the brief), for appellants.

Robert M. Cohen, Asst. Dist. Atty., New York City (Mario Merola, Dist. Atty., Bronx County, New York City, on the brief), for appellees.

Before LUMBARD, GIBBONS, and GURFEIN, Circuit Judges.

PER CURIAM:

This appeal raises important questions as to the scope of a prosecutor's immunity to suit. The six plaintiffs, all of whom were indicted in Bronx County in August 1974, on one or more felony charges arising out of an alleged loan-sharking operation,1 instituted this damage action under 42 U.S.C. § 1983 alleging, inter alia, that their constitutionally guaranteed right to a fair trial had been infringed by the action of...

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