Legal Opinion

Warren v. Applebaum

District Court, E.D. New York

Decided November 25, 1981No. CV-81-0327PublishedCited by 4 opinions

1Opinion of the Court

MEMORANDUM AND ORDER WEINSTEIN, Chief Judge:

Plaintiff was convicted in the State of New York, County of Kings, of the felony of armed robbery of defendant, a key witness at the criminal trial. In this action plaintiff, alleging that defendant committed perjury and suppressed exculpatory statements, seeks damages for violation of the constitutional right to due process of law. Defendant moves to dismiss.

I. Lack of merit

A. Substantive law

Civil rights suits against witnesses for alleged perjured testimony have consistently been held deficient on two grounds. First, witnesses at trial are not…

2Cases cited21 opinions

  1. Christiansburg Garment Co. v. Equal Employment Opportunity CommissionSupreme Court of the United States · 1978
  2. Odessa CARRION, Plaintiff-Appellant, v. YESHIVA UNIVERSITY, Defendant-AppelleeCourt of Appeals for the Second Circuit · 1976
  3. S. T. Grand, Inc. v. City of New YorkNew York Court of Appeals · 1973
  4. Eagle, Star & British Dominions Insurance v. HellerSupreme Court of Virginia · 1927
  5. Coalition for Canyon Preservation v. Karl S. Bowers, Administrator, Federal Highway AdministrationCourt of Appeals for the Ninth Circuit · 1980

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3Cited by4 opinions

  1. Ecker v. CohalanDistrict Court, E.D. New York · 1982
  2. Cipolla v. County of RensselaerDistrict Court, N.D. New York · 2001
  3. Cipolla v. County of RensselaerDistrict Court, N.D. New York · 2000
  4. Slaughter v. City of MaplewoodDistrict Court, E.D. Missouri · 1985

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