In a civil rights action alleging that the exculpatory result of post-trial DNA testing was not timely disclosed to plaintiff, denial of defendant-prosecutors' motion for summary judgment based on absolute or qualified immunity is reversed where, because the testing was undertaken in connection with post-trial proceedings and was therefore integral to the advocacy function, the prosecutors enjoyed absolute immunity under Imbler v. Pachtman, 424 U.S. 409 (1976).
Argued: June 1, 2009
Decided: November 13, 2009
Opinion by Judge Jacobs
Michael E. Davis, Second Deputy County Attorney, Rochester, NY
Deborah L. Cornwall, Peter J. Neufeld and Sarah Crowley, Cochran Neufeld & Scheck, LLP, New York, NY