Scarpa v. Desmond ( 1993 )

USCA1 Opinion

          August 20, 1993
                                [NOT FOR PUBLICATION]

                            UNITED STATES COURT OF APPEALS
                                FOR THE FIRST CIRCUIT

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        No. 93-1140 

                                   NAZZARO SCARPA,

                                Plaintiff, Appellant,

                                          v.

                                   JOSEPH DESMOND,

                                 Defendant, Appellee.


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                     APPEAL FROM THE UNITED STATES DISTRICT COURT

                          FOR THE DISTRICT OF MASSACHUSETTS

                     [Hon. William G. Young, U.S. District Judge]
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                                        Before

                                 Breyer, Chief Judge,
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                           Selya and Stahl, Circuit Judges.
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            Nazzaro Scarpa on brief pro se.
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            A.  John  Pappalardo,  United  States  Attorney,  and  Suzanne  E.
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        Durrell, Assistant United States Attorney, on Memorandum in Support of
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        Appellee's Motion for Summary Disposition, for appellee.


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                 Per Curiam.   Upon review of the parties' briefs and the
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            record on appeal,  we find no error  in the district  court's

            dismissal of  plaintiff's complaint based on  the reasons set

            forth in the  defendant's memorandum.  We  add only that,  in

            any   event,  plaintiff's   allegation  that   the  defendant

            committed  perjury, even accepted as true for purposes of the

            motion to dismiss,  does not support a civil rights claim for

            damages.  See  Briscoe v. LaHue, 460 U.S. 325 (1983) (holding
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            that  a  police  officer  witness  is  entitled  to  absolute

            immunity  against a   1983 claim;  alleged perjury at trial);

            Kyricopoulos v. Town  of Orleans, 967 F.2d  14, 16 (1st  Cir.
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            1992) (same; alleged perjury before grand jury and at trial);

            see also Butz  v. Economou, 438 U.S. 478, 504 (1978) (stating
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            that, for purposes of  immunity law, there is  no distinction

            between suits brought  against state officials  under    1983

            and  suits brought  directly  under the  Constitution against

            federal officials).

                 Affirmed.
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