OLIVA v. HELLER

No. 86 Civ. 8082 (MJL).

670 F.Supp. 523 (1987)

Vincent OLIVA, Plaintiff, v. Kirby HELLER, Defendant.

United States District Court, S.D. New York.

August 18, 1987.


Attorney(s) appearing for the Case

Vincent Oliva, pro se.

Rudolph W. Giuliani, U.S. Atty., S.D.N.Y. by Ellen B. Silverman, New York City, for defendant.


LOWE, District Judge.

The question in this case is whether a judicial law clerk, who performs tasks within the scope of her employment, is protected by the same absolute immunity that has long enabled judges to make principled and independent decisions without fear of consequences.

FACTS

In 1982, plaintiff Vincent Oliva ("Oliva") was convicted after a jury trial for conspiring to rob a bank and entering a bank with intent to commit larceny. Following...

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