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TOUSSIE v. POWELL

Docket No. 02-7770.

323 F.3d 178 (2003)

Robert I. TOUSSIE and David Park Estates, Inc., Plaintiffs-Appellees, v. John POWELL, Defendant-Appellant, Felix Grucci, individually and in his official capacity as former Supervisor of the Town of Brookhaven, Town of Brookhaven, Board of Zoning Appeals of the Town of Brookhaven, Mario M. Cavalieri, individually and in his official capacity as a former member of the Board of Zoning Appeals, Grace M. Coppes, individually and in her official capacity as a member of the Board of Zoning Appeals, Vincent Liguori, Jr., individually and in his official capacity as a member of the Board of Zoning Appeals, Frank C. Trotta, individually and in his official capacity as a member of the Board of Zoning Appeals, Eugene Zangi, individually and in his official capacity as a member of the Board of Zoning Appeals, Defendants.

United States Court of Appeals, Second Circuit.

Decided: March 20, 2003.

Attorney(s) appearing for the Case

Christopher A. Jeffreys, Melville, N.Y., for Defendant-Appellant.

David N. Yaffe (William P. Caffrey, Jr., on the brief), Hamburger, Maxson, Yaffe, Wishod & Knauer, LLP, Melville, N.Y., for Plaintiffs-Appellees.

Before: JACOBS, CALABRESI, and SOTOMAYOR, Circuit Judges.

CALABRESI, Circuit Judge.

John Powell appeals the district court's denial of his motion to dismiss. See Fed. R.Civ.P. 12(b)(6). Among other things, the district court held that Powell did not enjoy qualified immunity from a suit under 42 U.S.C. § 1983. We affirm that decision and hold that qualified immunity does not protect a private defendant against § 1983 liability where that private defendant is alleged to have conspired with government officials...

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