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YING JING GAN v. CITY OF NEW YORK

Nos. 947, 1043, Dockets 92-7971, 92-7993.

996 F.2d 522 (1993)

YING JING GAN, as administratrix of the Estate of Sen Van Ta, deceased, Ying Jing Gan, for herself as the wife and widow of the deceased, and, Jason Ta, child of the union of Ying Jing Gan and Sen Van Ta, Plaintiffs-Appellees-Cross-Appellants, v. The CITY OF NEW YORK, a municipal entity, State of New York, County of New York, governmental entities, Deputy Chief Joseph N. DeMartino, Detective Henry Murray, New York City Police Officers, Defendants, Luke Rettler, Assistant District Attorney, County of New York, Defendant-Appellant, Robert M. Morgenthau, District Attorney, New York County, Defendant-Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 1, 1993.

Attorney(s) appearing for the Case

James I. Meyerson, New York City (Adele Graham, New York City, on the brief), for plaintiffs-appellees-cross-appellants.

David J. Mudd, Asst. Dist. Atty., New York County, New York City (Robert M. Morgenthau, Dist. Atty., New York County, James M. McGuire, Asst. Dist. Atty., on the brief), for defendant-appellant and defendant-cross-appellee.

Before: VAN GRAAFEILAND, KEARSE, and CARDAMONE, Circuit Judges.

KEARSE, Circuit Judge:

Defendant Luke Rettler, an Assistant District Attorney in New York County, appeals from so much of an order of the United States District Court for the Southern District of New York, Mary Johnson Lowe, Judge, as denied his motion for dismissal, on grounds of immunity or failure to state a claim, of plaintiffs' claims that Rettler failed to provide adequate protection to a complaining witness and that that failure resulted in the witness...

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