Ogunkoya v. Drake, No. 17-3235 (2d Cir. 2019)Annotate this Case
Plaintiff filed suit alleging that two Monroe County Assistant District Attorneys (ADA), and others, violated his Fourth and Fourteenth Amendment rights by failing to timely arraign him on four of six identity fraud and larceny charges.
The Second Circuit reversed the district court's denial of absolute immunity to the ADAs, holding that they were performing a traditional prosecutorial function when they determined that they would initiate plaintiff's prosecution via grand jury indictment and thus delay his arraignment on separate individual charges. The court held that it lacked appellate jurisdiction to consider the district court's denial of Monroe County's motion to dismiss because these claims against the county were not inextricably intertwined with the issue of the ADA's immunity.