Augustin J. San Filippo v. United States Trust Company of New York

How later courts describe this case

• rejecting absolute immunity claim on interlocutory review under collateral order doctrine, but reversing denial of summary judgment under doctrine of "pendent appellate jurisdiction" on other grounds argued to trial court
• court may consider nonappealable issues where there is “sufficient overlap” in the factors relevant to the appealable and nonappealable issues in the case
• no genuine issue of conspiracy where prosecutor and detective met with witnesses prior to their appearances before the grand jury
• “[c]onclusory allegations of conspiracy are insufficient to survive either a 12(b)(6) motion for dismissal ... or in the alternative a motion for summary judgment in defendants’ favor”
• absolute immunity bars suit based on witness’s grand jury testimony but not suit alleging conspiracy to testify falsely before grand jury
• “a private party giving testimony is not ‘acting under color of state law’ for purposes of § 1983 ... and ... all witnesses, whether private parties or government officials, have absolute immunity from damages liability for their testimony____”
• same policy concerns exist in grand jury setting
• unsubstantiated conclusory conspiracy allegations insufficient to withstand dismissal