748 F.2d 116 (2nd Cir. 1984), 334, Maglione v. Briggs

Docket Nº:334, 401, Dockets 84-7521, 84-7567.
Citation:748 F.2d 116
Party Name:David MAGLIONE, Appellant-Cross-Appellee, v. Ronald BRIGGS, Appellee-Cross-Appellant.
Case Date:November 16, 1984
Court:United States Courts of Appeals, Court of Appeals for the Second Circuit

Page 116

748 F.2d 116 (2nd Cir. 1984)

David MAGLIONE, Appellant-Cross-Appellee,

v.

Ronald BRIGGS, Appellee-Cross-Appellant.

Nos. 334, 401, Dockets 84-7521, 84-7567.

United States Court of Appeals, Second Circuit

November 16, 1984

Submitted Oct. 19, 1984.

Page 117

John W. Brandt, Syracuse, N.Y., for appellant-cross-appellee.

Donohue, Donohue & Sabo, P.C., Albany, N.Y., for appellee-cross-appellant.

Before OAKES and WINTER, Circuit Judges, and CLARIE, District Judge. [*]

PER CURIAM:

David Maglione appeals from a grant of summary judgment to defendant Ronald Briggs. Briggs cross-appeals from Judge Miner's denial of his motion for attorney's fees.

In 1981, Maglione was a student at the Northwood School, a private school in Lake Placid, New York. On May 29, students from that school were involved in an altercation with some local youths. Following the incident a felony complaint was brought against Maglione charging that he had stabbed one of the Lake Placid youths with a pocket knife during the altercation.

Briggs, an Assistant District Attorney for Essex County, undertook plea bargaining negotiations with Maglione's counsel. Briggs offered to permit Maglione to plead guilty to a misdemeanor but Maglione declined the offer. Thereafter the Essex County District Attorney's Office presented the case to a grand jury, which returned a no bill.

On April 14, 1983, Maglione filed his complaint in the instant action. The five-paragraph complaint alleged that Briggs "was in charge of the investigation and involved in the Grand Jury presentation" of Maglione's case, and that Briggs had acted in bad faith throughout. The complaint alleged violations of Maglione's civil rights under 42 U.S.C. Sec. 1983 and sought compensatory and exemplary damages.

Briggs moved for summary judgment and for attorney's fees. After submission of affidavits and oral argument, Judge Miner granted the motion for summary judgment but denied the motion for attorney's fees. Maglione appealed the grant of summary judgment and Briggs cross-appealed the denial of fees.

Page 118

Maglione argues that summary judgment was improper because there was an issue of fact relevant to whether Briggs' actions were covered by the absolute immunity recognized by Imbler v. Pachtman, 424 U.S. 409, 96 S.Ct. 984, 47 L.Ed.2d 128 (1976), or only by a qualified immunity. See also...

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