Coggins v. Buonora, No. 13-4635 (2d Cir. 2015)
Annotate this CasePlaintiff filed suit against two officers and their employers, alleging that the officers knowingly falsified and omitted material facts from police reports, lied to the district attorney and the grand jury, and conspired to do the same, resulting in plaintiff's malicious prosecution. The district court granted in part and denied in part Defendant Buonora's motion to dismiss based on absolute and qualified immunity. The court affirmed the judgment of the district court to the extent it denied Buonora absolute and qualified immunity from suit on certain of plaintiff's 42 U.S.C. 1983 claims unrelated to his grand jury testimony. The third amended complaint alleges misconduct by Buonora that is not based on his grand jury testimony and the district court properly found that absolute immunity is inappropriate. In regards to qualified immunity, the alleged falsification of evidence and the related conspiracy, if true, constitute a violation of clearly established law, and no objectively reasonable public official could have thought otherwise. The court declined to exercise pendent jurisdiction over Buonora's other claims of error at this interlocutory stage. Accordingly, the court dismissed the remainder of the appeal.
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