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Argued: June 1, 2009

Before: JACOBS, Chief Judge, NEWMAN and POOLER, Circuit Judges.

Three prosecutors of Monroe County appeal from denial of their motion for absolute or qualified immunity by the United States District Court for the Western District of New York (Larimer, J.) in a suit alleging that the exculpatory result of post-trial DNA testing, conducted by the district attorney’s office while defending habeas and other initiatives, was not timely disclosed to plaintiff, who was in jail for a murder that the DNA testing ultimately showed he did not commit. Because the testing was undertaken in connection with post-trial proceedings and was therefore integral to the advocacy function, we hold that the prosecutors enjoy absolute immunity under Imbler v. Pachtman, 424 U.S. 409, 430–31 (1976).

 
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