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BARBERA v. SMITH

Nos. 3, 4, Dockets 87-6054, 87-6098.

836 F.2d 96 (1987)

Jacqueline BARBERA, as Administratrix of the Goods, Chattels, and Credits of Lena Margaret Barbera, Plaintiff-Appellee, v. William French SMITH, individually and as the former Attorney General of the United States; John S. Martin, Jr., individually and as the former United States Attorney for the Southern District of New York; and Stephen Schlessinger, individually and as a former Assistant United States Attorney for the Southern District of New York, Defendants, John S. Martin, Jr., and Stephen Schlessinger, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided December 30, 1987.

Attorney(s) appearing for the Case

William M. Kunstler, New York City (Ronald L. Kuby, of counsel), for plaintiff-appellee.

Peter C. Salerno, Asst. U.S. Atty., New York City (Rudolph W. Giuliani, U.S. Atty. S.D.N.Y., Steven E. Obus, Asst. U.S. Atty., New York City, of counsel), for defendants-appellants.

Before FEINBERG, Chief Judge, PIERCE and ALTIMARI, Circuit Judges.

PIERCE, Circuit Judge:

This is a constitutional tort action brought pursuant to Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), for the wrongful death of Lena Margaret Barbera in violation of the due process clause of the fifth amendment. The complaint named as defendants William French Smith, the former Attorney General of the United States, John S. Martin...

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