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DALE v. KELLEY

No. 80, Docket 96-7010.

95 F.3d 2 (1996)

Mary DALE, Plaintiff-Appellant, v. William J. KELLEY, Individually and in his Official Capacity as Assistant District Attorney for the County of Livingston, Charles J. Dipasquale, Individually and in his Official Capacity as Chief of the Mount Morris Police Department, County of Livingston, and Village of Mt. Morris, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided September 11, 1996.

Attorney(s) appearing for the Case

Robert B. Koegel, Rochester, New York, for Plaintiff-Appellant.

David J. Edwards, Rochester, New York (Law Offices of Scott H. Smith, Rochester, New York), for Defendants-Appellees Kelley and County of Livingston.

Before: MESKILL, KEARSE, and MAHONEY, Circuit Judges.

PER CURIAM:

Plaintiff Mary Dale appeals from a final judgment of the United States District Court for the Western District of New York, David G. Larimer, Judge, dismissing her complaint for false arrest and malicious prosecution on a charge of perjury as a result of testimony she gave at a felony hearing. The district court granted summary judgment (a) in favor of defendant William J. Kelley, the assistant district attorney who ordered Dale's arrest and prosecution...

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