WARNEY v. MONROE COUNTY

Docket No. 08-0947.

587 F.3d 113 (2009)

Douglas WARNEY, Plaintiff-Appellee, v. MONROE COUNTY, Larry Bernstein, in his individual capacity, Wendy Evans Lehman, in her individual capacity and Michael C. Green, in his individual and official capacities, Defendants-Appellants, City of Rochester, Sandra Adams, in her individual capacity, Evelyn Beaudrault, in her individual capacity, Stephen Edgett, in his individual capacity, Thomas Jones, in his individual capacity, Robert Garland, in his individual capacity, John Gropp, in his individual capacity, John Doe Officers and/or Detectives # 1-10, in their individual capacities and Richard Roe Supervisors # 1-10, in their individual capacities, Defendants.

United States Court of Appeals, Second Circuit.

Decided: November 13, 2009.


Attorney(s) appearing for the Case

Michael E. Davis, Second Deputy County Attorney, for DANIEL M. De LAUS, JR., Monroe County Attorney, Rochester, NY, for Defendants-Appellants.

Deborah L. Cornwall, (Peter J. Neufeld, Sarah Crowley, on the brief), Cochran Neufeld & Scheck, LLP, New York, NY, for Plaintiff-Appellee.

Steven A. Bender and Anthony J. Servino, for Daniel M. Donovan, President of the District Attorneys Association of New York State, for amicus curiae District Attorneys Association of New York State, in support of Defendants-Appellants.

Before: JACOBS, Chief Judge, NEWMAN and POOLER, Circuit Judges.


DENNIS JACOBS, Chief Judge:

Three prosecutors of Monroe County appeal from denial of their motion for absolute or qualified immunity by the United States District Court for the Western District of New York (Larimer, J.) in a suit alleging that the exculpatory result of post-trial DNA testing, conducted by the district attorney's office while defending habeas and other initiatives, was not timely disclosed to plaintiff, who was in jail for a murder that the...

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