Legal Opinion
Ross Anthony Smith and Michael Bodak v. Mark Garretto, Individually
Court of Appeals for the Second Circuit
Decided June 3, 1998No. 97-7929PublishedCited by 43 opinions
1Opinion of the Court
JON O. NEWMAN, Circuit Judge:
This appeal primarily concerns the availability of absolute or qualified immunity for a prosector’s action in setting up a bribery sting allegedly in retaliation for the target’s exercise of free speech rights. Ross Anthony Smith and Michael Bodak appeal from the July 21, 1997, judgment of the District Court for the Southern District of New York (Charles L. Brieant, District Judge), dismissing their claims against defendant-appellee Mark Garretto on the basis of a prosecutor’s absolute immunity. Though we agree with appellants that the prosecutor does not enjoy…
2Cases cited19 opinions
- Harlow v. FitzgeraldSupreme Court of the United States · 1982
- Anderson v. CreightonSupreme Court of the United States · 1987
- Mitchell v. ForsythSupreme Court of the United States · 1985
- Mt. Healthy City School District Board of Education v. DoyleSupreme Court of the United States · 1977
- Imbler v. PachtmanSupreme Court of the United States · 1976
14 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Giraldo v. KesslerCourt of Appeals for the Second Circuit · 2012
- Corley v. VanceDistrict Court, S.D. Illinois · 2019
- Anilao v. SpotaDistrict Court, E.D. New York · 2011
- Soto v. City of New YorkDistrict Court, E.D. New York · 2015
- Brewster v. Nassau CountyDistrict Court, E.D. New York · 2004
38 more not listed; retrieve them via the Exa API.