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ODD v. MALONE

Nos. 06-4287, 07-1490.

538 F.3d 202 (2008)

Korvel ODD, v. Thomas MALONE; Office of District Attorney of Philadelphia, Appellants. Nicole Schneyder, Appellant, v. Gina Smith, Esquire; Office of District Attorney of Philadelphia.

United States Court of Appeals, Third Circuit.

Filed: August 4, 2008.

Attorney(s) appearing for the Case

Daniel Silverman (Argued), Silverman & Associates, Philadelphia, PA, for Appellee Odd, Appellant Schneyder.

Ronald Eisenberg (Argued), Three South Penn Square, Philadelphia, PA, for Appellants Thomas Malone and Office of District Attorney of Philadelphia, Appellees Gina Smith and Office of District Attorney of Philadelphia.

Before: FISHER, HARDIMAN and ALDISERT, Circuit Judges.

OPINION OF THE COURT

HARDIMAN, Circuit Judge.

These consolidated appeals concern the scope of prosecutorial immunity. In both cases, prosecuting attorneys obtained bench warrants to detain material witnesses whose testimony was vital to murder prosecutions. Although the attorneys diligently obtained the warrants, they neglected to keep the courts informed of the progress of the criminal proceedings and the custodial status of the witnesses. The question...

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