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Barboza v. D'Agata et al

MEMORANDUM OF LAW in Opposition re: 69 CROSS MOTION for Summary Judgment . . Document

6 Cited authorities

  1. Imbler v. Pachtman

    424 U.S. 409 (1976)   Cited 10,572 times   5 Legal Analyses
    Holding prosecutors absolutely immune from damages liability for having knowingly presented perjured witness testimony against criminal defendants, observing that the "veracity of witnesses in criminal cases frequently is subject to doubt before and after they testify . . . . If prosecutors were hampered in exercising their judgment as to the use of such witnesses by concern about resulting personal liability, [they often would refrain from calling such witnesses and hence] the triers of fact in criminal cases often would be denied relevant evidence"

  2. Buckley v. Fitzsimmons

    509 U.S. 259 (1993)   Cited 4,093 times
    Holding absolute prosecutorial immunity extends to "making false or defamatory statements during, and related to, judicial proceedings"

  3. Shmueli v. City of New York

    424 F.3d 231 (2d Cir. 2005)   Cited 406 times
    Holding that a prosecutor is "entitled to absolute immunity despite allegations of his 'knowing use of perjured testimony' and the 'deliberate withholding of exculpatory information,'" notwithstanding the "'reprehensible'" nature of that conduct.

  4. Zahrey v. Coffey

    221 F.3d 342 (2d Cir. 2000)   Cited 433 times   1 Legal Analyses
    Holding that the "deprivation of liberty of which [plaintiff] complains [must] be shown to be the result of [defendant's] fabrication of evidence"

  5. Barr v. Abrams

    810 F.2d 358 (2d Cir. 1987)   Cited 505 times
    Holding allegations that fail to give notice of the basic events and circumstances “have no meaning” as a practical matter and, as a matter of law, are insufficient to state a claim

  6. In re Estate of Kaufman

    44 Misc. 3d 1216 (N.Y. Civ. Ct. 2014)   Cited 12 times

    No. 2011–368209/C. 2014-07-30 In the Matter of the ESTATE OF Hyman KAUFMAN, Deceased. Damianos Markou, Esq., Moritt Hock & Hamroff, LLP, Garden City, NY, for respondent, Kenneth Kaufman.Howard Meyers, Esq., Meyers Meyers & Tonachio, LLP, New York, NY, for respondent, Merrill Lynch. EDWARD W. McCARTY III Damianos Markou, Esq., Moritt Hock & Hamroff, LLP, Garden City, NY, for respondent, Kenneth Kaufman. Howard Meyers, Esq., Meyers Meyers & Tonachio, LLP, New York, NY, for respondent, Merrill Lynch