Legal Opinion

Warney v. Monroe County

Court of Appeals for the Second Circuit

Decided November 13, 2009No. Docket 08-0947PublishedCited by 97 opinions

1Opinion of the Court

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 DNA testing ultimately showed he did not commit. Because the testing was undertaken in connection with post-trial proceedings and was…

2Cases cited24 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  4. Brady v. MarylandSupreme Court of the United States · 1963
  5. Mitchell v. ForsythSupreme Court of the United States · 1985

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3Cited by97 opinions

  1. Giraldo v. KesslerCourt of Appeals for the Second Circuit · 2012
  2. Nathson Fields v. Lawrence WharrieCourt of Appeals for the Seventh Circuit · 2014
  3. Ogunkoya v. MonaghanCourt of Appeals for the Second Circuit · 2019
  4. Ying Li v. City of New YorkDistrict Court, E.D. New York · 2017
  5. Mariani v. ColvinCourt of Appeals for the Second Circuit · 2014

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