Jane Doe v. Francis D. Phillips, Ii, Gerald D. D'amelia, Jr.

Judge JACOBS dissents in a separate opinion.

KEARSE, Circuit Judge:

Defendant Gerald D. D’Amelia, Jr., an assistant district attorney for Orange County, New York, appeals from an order of the United States District Court for the Southern District of New York, Charles L. Brieant, Judge, denying his motion to dismiss the complaint of plaintiff Jane Doe, brought under 42 U.S.C. § 1983 (1994) for damages and declaratory relief on the ground that D’Amelia violated Doe’s First Amendment rights by refusing to dismiss certain criminal charges against her unless she swore to her innocence on a bible in…