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PICCOLLELA v. RIECK

No. 81 Civ. 4908-CSH.

555 F.Supp. 27 (1982)

Robert PICCOLLELA and Richard Piccollela, Plaintiffs, v. John RIECK, as Assistant District Attorney for the City of New York, et al., Defendants.

United States District Court, S.D. New York.

July 13, 1982.

Attorney(s) appearing for the Case

Wendy & Adler, New York City, for plaintiffs; Philip Klein, New York City, of counsel.

Robert M. Morgenthau, Dist. Atty. for New York County, New York City, for City defendants; Amyjane Rettew, Asst. Dist. Atty., New York City, of counsel.

Shearman & Sterling, New York City, for defendants Citibank-Citicorp; David Wray, New York City, of counsel.

MEMORANDUM OPINION AND ORDER

HAIGHT, District Judge:

The defendants' motions for summary judgment dismissing the complaint are granted.

It is common ground that Assistant District Attorney Rieck is entitled to the defense of qualified or "good faith" immunity. The boundaries of that defense have just been clarified in Harlow v. Fitzgerald, ___ U.S. ___, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982). The previously existing "subjective element" of...

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