Giraldo v. City of New York, No. 11-2367 (2d Cir. 2012)Annotate this Case
Plaintiff sued defendants, Queens County Assistant District Attorneys, alleging that defendants' interrogation of her following the arrest of her boyfriend, former New York State Senator Hiram Monserrate, violated her civil rights. Defendants appealed from the denial of absolute immunity in an action brought under, inter alia, 42 U.S.C. 1983. The court concluded that, viewed through the eye of a reasonable prosecutor, defendants' acts in the present case were well within their legitimate functions as prosecutors. Because the objective circumstances triggered absolute immunity, the court vacated the district court's order denying absolute immunity and remanded for further proceedings.