Judges Toss NY District Attorney’s Malicious Prosecution Appeal

The Second Circuit on Friday declined to weigh in on a case in which former Tioga County, NY, District Attorney Gerald Keene is seeking immunity from a malicious prosecution claim.

Judges for the US Court of Appeals for the Second Circuit said they don’t have authority to decide whether Keene and two state police investigators are entitled to immunity from claims that Keene inappropriately sought to prosecute Calvin Harris, the husband of a woman who went missing in 2001 and who was tried four times for her murder.

Keene and the investigators fail to raise a “pure question of law” ...