BARR v. ABRAMS

No. 541, Docket 86-7757.

810 F.2d 358 (1987)

Sheldon BARR, Plaintiff-Appellant, v. Robert ABRAMS, Orestes J. Mihaly, Mark A. Tepper, Rebecca Mullane, William Bottiglieri, and Janey Renee O'Connor, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 28, 1987.


Attorney(s) appearing for the Case

Howard L. Jacobs, New York City, for plaintiff-appellant.

Frank J. Wenick, Asst. Atty. Gen., of New York (Robert Abrams, Atty. Gen., Lawrence S. Kahn, Deputy Sol. Gen., Christopher Keith Hall and Richard G. Liskov, Asst. Attys. Gen., of counsel), for defendants-appellees.

Before KAUFMAN, TIMBERS and MAHONEY, Circuit Judges.


IRVING R. KAUFMAN, Circuit Judge:

It is an indispensable foundation of our system of justice that no man, however exalted the position he holds, is above the law. At the same time, because public officials entrusted with discretionary responsibilities must have breathing space within which to perform their functions for the common good, doctrines of immunity protect them against many claims of wrongdoing. In this case, we find ourselves between these lofty principles...

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