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SMITH v. GARRETTO

No. 97-7929.

147 F.3d 91 (1998)

Ross Anthony SMITH and Michael Bodak, Plaintiffs-Appellants, v. Mark GARRETTO, individually, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 3, 1998.

Attorney(s) appearing for the Case

Jonathan Lovelett, White Plains, NY (Jane Bilus Gold, Lovelett & Gould, White Plains, NY, on brief), for plaintiffs-appellants.

Marguerite R. Wiess, Asst. County Atty., White Plains, NY (Gregory F. Meehan, Acting Westchester County Atty., Stacey Dolgin-Kmetz, Dep. County Atty., White Plains, NY, on brief), for defendant-appellee.

Before: OAKES, NEWMAN, and CABRANES, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

This appeal primarily concerns the availability of absolute or qualified immunity for a prosector's action in setting up a bribery sting allegedly in retaliation for the target's exercise of free speech rights. Ross Anthony Smith and Michael Bodak appeal from the July 21, 1997, judgment of the District Court for the Southern District of New York (Charles L. Brieant, District Judge), dismissing their claims against defendant-appellee Mark...

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