A civil rights suit may proceed against a former Linden, N.J., municipal judge who abandoned his neutral role and acted as a prosecutor in a criminal case, the U.S. Court of Appeals for the Third Circuit has ruled.
Louis DiLeo shed his judicial immunity by conducting a trial without a prosecutor or defense attorney present, and examining witnesses himself, the appeals court said in Kirkland v. DiLeo. The Third Circuit said U.S. District Court Judge Kevin McNulty of the District of New Jersey properly denied motions by DiLeo and the city of Linden to dismiss the suit by two men who were defendants in the criminal case.
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