SCHROB v. CATTERSON

No. 90-6051.

948 F.2d 1402 (1991)

Irwin SCHROB and Barbara L. Schrob, his wife; and Matawan Building Supplies Corporation v. James CATTERSON, Individually and in his capacity as Assistant United States Attorney for the Eastern District of New York; David Toracinta, Individually and in his capacity as a Special Agent of the Drug Enforcement Administration; John M. Peluso, Individually and in his capacity as a Special Agent of the Drug Enforcement Administration; U.S. Department of Justice — United States Attorney; U.S. Department of Justice — Drug Enforcement Administration; John Does 1 through 20 and Jane Does 1 through 20, both Individually and in their capacities as supervisory personnel over the identified individual defendants or as persons, presently unknown to plaintiffs, who participated in the acts and/or omissions alleged in this complaint; and Joseph V. Zarrelli, both Individually and in his capacity as an Agent/Informer of the United States law enforcement agencies. James Catterson, John Peluso and David Toracinta, Appellants.

United States Court of Appeals, Third Circuit.

Decided November 15, 1991.

Rehearing Denied December 24, 1991.


Attorney(s) appearing for the Case

Stuart M. Gerson, Asst. Atty. Gen., Michael Chertoff, U.S. Atty., Barbara L. Herwig, Jennifer H. Zacks (argued), U.S. Dept. of Justice, Civ. Div., Appellate Staff, and Nancy R. Gaines, U.S. Dept. of Justice, Torts Branch, Civ. Div., Washington, D.C., for appellants.

Robert P. Zoller (argued), Janyce W. Stahl, Barbara E. Turen, Hannoch Weisman, Roseland, N.J., for appellees Irwin and Barbara L. Schrob.

John R. Connelly, Jr., Drazin & Warshaw, Red Bank, N.J., for Joseph V. Zarrelli.

Before HUTCHINSON, COWEN and GARTH, Circuit Judges.


OPINION OF THE COURT

HUTCHINSON, Circuit Judge.

I.

Assistant United States Attorney James Catterson (Catterson) and Drug Enforcement Agency (DEA) agents David Toracinta and John Peluso (collectively "the Agents") appeal the order of the United States District Court for the District of New Jersey denying their Rule 12(b)(6) motions to dismiss appellants' complaint against them on the grounds of absolute and qualified immunity. Irwin Schrob, his...

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