Warren v. Applebaum
District Court, E.D. New York
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…
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- S. T. Grand, Inc. v. City of New YorkNew York Court of Appeals · 1973
- Eagle, Star & British Dominions Insurance v. HellerSupreme Court of Virginia · 1927
- Coalition for Canyon Preservation v. Karl S. Bowers, Administrator, Federal Highway AdministrationCourt of Appeals for the Ninth Circuit · 1980
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