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GIRALDO v. KESSLER

Docket No. 11-2367-cv.

694 F.3d 161 (2012)

Karla GIRALDO, Plaintiff-Cross-Defendant-Appellee, v. Scott Evan KESSLER, Assistant District Attorney, Bureau Chief of Domestic Violence, individually and in his official capacity, Keshia Espinal, Assistant District Attorney, in her official capacity, Defendants-Cross-Defendants-Appellants, City of New York, New York City Police Department, Sean Ward, Detective, in his official and individual capacity, Thomas Fitzgerald, P.O., in his official and individual capacity, Defendants-Cross-Defendants, Safe Horizon, Inc., Enidia Seoane, Richard A. Brown, Queens County District Attorney, individually and as the District Attorney of Queens County, North Shore Long Island Jewish Health System, Inc., Dawne Kort, M.D., Susan Cabibbo, R.N., Daniel Frogel, Dr., Defendants-Cross-Defendants-Cross-Claimants.

United States Court of Appeals, Second Circuit.

Decided: September 14, 2012.

Attorney(s) appearing for the Case

Elizabeth S. Natrella ( Leonard Koerner , on the brief), of counsel, for Michael A. Cardozo , Corporation Counsel of the City of New York, New York, New York, for Defendants-Appellants.

Christopher Bellistri , Cronin & Byczek LLP, Lake Success, New York, for Plaintiff-Appellee.

Janet DiFiore , District Attorney, Anthony J. Servino , Richard Longworth Hecht , Steven A. Bender , Assistant District Attorneys, of counsel, Westchester County District Attorney's Office, White Plains, New York, for Amicus Curiae District Attorneys Association of the State of New York in support of Defendants-Appellants.

Before: WINTER, CABRANES, and CARNEY, Circuit Judges.

WINTER, Circuit Judge:

Queens County Assistant District Attorneys Scott Evan Kessler and Keshia Espinal appeal from Judge Gleeson's denial of absolute immunity in an action brought under, inter alia, 42 U.S.C. § 1983. Karla Giraldo, the plaintiff-appellee, alleged in her complaint that appellants' interrogation of her following the arrest of her boyfriend, former New York State Senator Hiram Monserrate, violated her civil rights.1

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