By: Daily Record Staff//January 21, 2015
By: Daily Record Staff//January 21, 2015//
U.S. Court of Appeals for the Second Circuit – Malicious Prosecution – Perjury – Absolute and Qualified Immunity
Coggins v. Buonora, et al.
Judges Cabranes, Wesley and Hall
Background: The plaintiff commenced an action against two police 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 the malicious prosecution of the plaintiff. The defendant moved to dismiss arguing that his testimony, while perjurious, bestowed upon him absolute immunity for any act associated with his perjury. The district court granted in part and denied in part.
Ruling: The Second Circuit affirmed. The court held that the allegations against the defendants are based on the defendant’s police reports, the statements of an unnamed police officer, and this particular defendant’s knowledge of the falsity of the police reports. All of these facts existed before the his grand jury testimony
Laurence Jeffrey Weingard for the defendant-appellant police officer Buonora; Scott A. Korenbaum for the plaintiff-appellee