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KINCAID v. EBERLE

No. 80-1003.

712 F.2d 1023 (1983)

Darrell D. KINCAID, Plaintiff-Appellant, v. Daniel EBERLE, individually and in his capacity as an agent or employee of the Lafayette, Indiana Police Department, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 8, 1983.

Certiorari Denied December 12, 1983.

Attorney(s) appearing for the Case

Darrell D. Kincaid, Michigan City, Ind., for plaintiff-appellant.

Robert L. Bauman, Heide, Gambs & Mucker, Jay T. Seeger, Lafayette, Ind., for defendant-appellee.

Before BAUER, CUDAHY and POSNER, Circuit Judges.

Certiorari Denied December 12, 1983. See 104 S.Ct. 551.

PER CURIAM.

This appeal presents a question of first impression but little difficulty: whether a witness before a grand jury has, as the district court held, absolute immunity from a suit under 42 U.S.C. § 1983 for giving false testimony to the damage of the plaintiff. Briscoe v. LaHue, 460 U.S. 325, 103 S.Ct. 1108, 75 L.Ed.2d 96 (1983), holds that a witness...

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