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SIMON v. CITY OF NEW YORK

Docket No. 11-5386-cv.

727 F.3d 167 (2013)

Alexina SIMON, Plaintiff-Appellant, v. CITY OF NEW YORK, ADA Francis Longobardi, Detective Evelyn Alegre, Detective Douglas Lee, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: August 16, 2013.

Attorney(s) appearing for the Case

Ugochukwu Uzoh, Ugo Uzoh, P.C., Brooklyn, NY, for Plaintiff-Appellant.

Suzanne K. Colt, Assistant Corporation Counsel (Pamela Seider Dolgow, of counsel), for Michael A. Cardozo, Corporation Counsel of the City of New York, New York, NY, for Defendants-Appellees.

Katherine Desormeau (Lee P. Gelernt, Esha Bhandari, on the brief), ACLU Foundation Immigrants' Rights Project, San Franciso CA; Joel B. Rudin, Vice-Chair, Amicus Curiae Committee, National Association of Criminal Defense Lawyers, New York, NY; Richard D. Willstatter, President, New York State Association of Criminal Defense Lawyers, for Amici Curiae in support of Plaintiff-Appellant.

Matthew M. Collette, Attorney, Appellate Staff, Civil Division, for Stuart F. Delery, Assistant Attorney General, United States Department of Justice, Washington, D.C.; Varuni Nelson, Assistant United States Attorney, for Loretta E. Lynch, United States Attorney, Eastern District of New York, Brooklyn, NY, for Amici Curiae in support of Defendants-Appellees.

Before: WALKER, KATZMANN, and LYNCH, Circuit Judges.

GERARD E. LYNCH, Circuit Judge:

This case requires us to consider whether detaining an individual pursuant to a material arrest warrant is a prosecutorial function entitled to absolute immunity. We hold that it is not. As the record is insufficient to determine whether defendants are entitled to qualified immunity, we vacate the judgment of the United States District Court for the Eastern District of New York (Eric N. Vitaliano, Judge) and remand this case...

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