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BERNARD v. COUNTY OF SUFFOLK

No. 02-9313.

356 F.3d 495 (2004)

Michael BERNARD, Ronald Kluesener, and Douglas Jacob, Plaintiffs-Appellees, v. COUNTY OF SUFFOLK and James M. Catterson, Jr., individually and in his capacity as Suffolk County District Attorney, Defendants, Richard T. Dunne, individually and in his capacity as Suffolk County Assistant District Attorney, Christopher A. McPartland, individually and in his capacity as Suffolk County Assistant District Attorney, and Peter Kelleher, individually and in his capacity as Suffolk County Detective, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: January 30, 2004.

Attorney(s) appearing for the Case

Orrit Hershkovitz, (Paul F. Millus, of counsel) Snitow, Kanfer, Holtzer & Millus, New York, New York, for Defendants-Appellants.

William D. Wexler, (Kevin G. Snover, of counsel), North Babylon, New York, for Plaintiffs-Appellees.

Before: B.D. PARKER and RAGGI, Circuit Judges, SWAIN, District Judge.

RAGGI, Circuit Judge.

Defendants-Appellants, Richard T. Dunne and Christopher A. McPartland, Suffolk County Assistant District Attorneys, and Peter Kelleher, a Suffolk County Detective, appeal from an order of the United States District Court for the Eastern District of New York (Joanna Seybert, Judge), denying their motion to dismiss, on the ground of absolute prosecutorial immunity, the complaint of Plaintiffs-Appellees...

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