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

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 | 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