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PENATE v. KACZMAREK

No. 18-2261.

928 F.3d 128 (2019)

Rolando PENATE, Plaintiff, Appellee, v. Anne KACZMAREK, Defendant, Appellant, Kris Foster; Randall Ravitz; Joseph Ballou; Robert Irwin; Randy Thomas; Sonja Farak; Sharon Salem; James Hanchett; Julie Nassif; Linda Han; Estate of Kevin Burnham; Steven Kent; John Wadlegger; Gregg Bigda; Edward Kalish; City of Springfield, Defendants.

United States Court of Appeals, First Circuit.

June 26, 2019.

Attorney(s) appearing for the Case

David H. Rich , with whom Maria T. Davis and Todd & Weld, LLP, Boston, MA, were on brief, for appellant.

Luke Ryan , with whom Sasson, Turnbull, Ryan & Hoose, Northampton, MA, was on brief, for appellee.

Matthew R. Segal , American Civil Liberties Union Foundation of Massachusetts, Inc., Emma Quinn-Judge , Monica Shah , and Zalkind Duncan & Bernstein LLP, Boston, MA, on brief for American Civil Liberties Union of Massachusetts and Massachusetts Association of Criminal Defense Lawyers, amici curiae.

Before Lynch, Kayatta, and Barron, Circuit Judges.

This appeal presents novel questions about the scope of absolute prosecutorial and government attorney immunity from claims asserted under 42 U.S.C. § 1983.

Appellee Rolando Penate filed this § 1983 action against seventeen defendants after the dismissal with prejudice of his 2013 Massachusetts criminal conviction...

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