Oscar J. Fernandez, Etc. v. Francis T. Leonard

BOWNES, Circuit Judge.

This is an interlocutory appeal from a denial of defendant-appellant’s claim of absolute and qualified immunity made by way of a motion for summary judgment. The defendant, Francis Leonard (Leonard), is a special agent of the Federal Bureau of Investigation. The district court approved the recommendation of the magistrate finding that there were genuine issues of material fact as to whether defendant’s conduct violated plaintiffs’ constitutional rights. The district court, through the magistrate, also found that on the plaintiffs’ version of the facts there was neither…