# Hill v. City of New York

> Court of Appeals for the Second Circuit · January 17, 1995 · 45 F.3d 653

URL: https://www.frixlaw.com/law-library/cases/6933479

## Case

- **Full name:** Diane HILL v. CITY OF NEW YORK Richard Dixon, individually and as Detective, New York City Housing Authority Police Department Bruce Clark, individually and as Police Officer with New York City Housing Authority Police Department, Richard Adago, individually and as Assistant District Attorney of New York County Awilda Rialano, individually and as employee of the Child Abuse Bureau, District Attorney, New York County Michael Mannion, individually and as supervisor of the Video Unit, District Attorney, New York County Clayton Frazier, individually and as video technician, District Attorney, New York County
- **Court:** Court of Appeals for the Second Circuit
- **Decided:** January 17, 1995
- **Citations:** 45 F.3d 653; 1995 U.S. App. LEXIS 1082; 1995 WL 24313
- **Precedential status:** Published
- **Opinion:** Concurrence by Graafeiland
- **Judges:** Altimari, Cardamone, Graafeiland
- **Cited by:** 264 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6933479

## How later opinions describe it (automated extraction)

- stating that where prosecutor participated in videotaped interview of suspect, “if the videotapes were made to collect or corroborate evidence against Hill in order to get probable cause to arrest her, the act of making the tapes receives only qualified immunity”
- holding that a prosecutor’s alleged acts of “conspiring to present falsified evidence to, and to withhold exculpatory evidence from, a grand jury” was “clearly protected by the doctrine of absolute immunity as all are part of his function as an advocate”
- noting that prosecutor's interview of witness who allegedly made inculpatory statements about accused would only be investigatory function if prosecutor lacked probable cause to arrest accused and results of interview contributed to his finding of probable cause
- recognizing as long settled prosecutors’ entitlement to absolute immunity for initiating prosecution, despite alleged reliance on falsified evidence
- stating that "prosecutors are immune from § 1983 liability for their conduct before a grand jury,” and adding, "Nor do the plaintiff's allegations of a conspiracy alter this rule”

## Opinion text

VAN GRAAFEILAND, Circuit Judge,
concurring:
I concur in the result.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6933479. Public record. Not legal advice.