Brian Sheppard v. Leon Beerman, as an Individual and in His Official Capacity as Justice of the Supreme Court of the State of New York
Court of Appeals for the Second Circuit
1Opinion of the Court
McLAUGHLIN, Circuit Judge:
Plaintiff Brian Sheppard appeals from a Memorandum and Order of the United States District Court for the Eastern District of New York (I. Leo Glasser, Judge), see Sheppard v. Beerman, 911 F.Supp. 606 (E.D.N.Y.1995), granting defendant Judge Leon Beerman’s motion to dismiss Sheppard’s complaint on the grounds of qualified immunity. For the reasons stated below, we vacate the district court’s order and remand for further proceedings consistent with this opinion.
BACKGROUND
This case is before us for the second time. See Sheppard v. Beerman, 18 F.3d 147 (2d Cir.1994). In…
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