A federal judge has declined to dismiss allegations that Suffolk County prosecutors violated the constitutional rights of nurses who were indicted, along with their attorney, after quitting their jobs and allegedly jeopardizing their patients.
Eastern District Judge Joseph F. Bianco, sitting in Central Islip, ruled that District Attorney Thomas J. Spota and former Assistant District Attorney Leonard Lato had absolute immunity for grand jury presentations that fell squarely within their prosecutorial function. But he said the prosecutors only had qualified immunity for their actions in the investigation leading up to the indictments. The judge also said fact-finding was needed to determine whether they had fabricated evidence and knowingly presented false testimony.
