Document Type


Publication Date



Plaintiff-appellant Derry Sykes appeals from a judgment entered in the United States District Court for the Eastern District of New York (Platt, C.J.), dismissing his complaint for failure to state a claim upon which relief can be granted. See Fed. R.Civ.P. 12(b)(6). The complaint presents a claim for deprivation of constitutional rights under the provisions of 42 U.S.C. § 1983. In the complaint, Sykes alleges that his parole officer, defendant-appellee John James, violated his "basic statutory due process rights accorded under the by laws of [New York] Executive Law-259" by submitting a perjured affidavit in opposition to his petition for a writ of habeas corpus in the New York Supreme Court. The complaint also includes allegations that James conspired with Irmatine Marshall, Sykes' former common law wife, to obstruct justice by submitting false testimony at Sykes' final parole revocation hearing. On appeal, Sykes principally contends that the district court erred in determining that James was entitled to absolute immunity.[1] We affirm the dismissal of the complaint on the ground that James is entitled to absolute immunity from civil liability for allegedly perjurious statements that he made in an affidavit submitted in opposition to Sykes' petition for state habeas relief and on the ground that no claim of conspiracy is stated.


13 F.3d 515 (1993)

Derry SYKES, Plaintiff-Appellant,


John JAMES, New York State Parole Officer, Defendant-Appellee.

No. 187, Docket 92-7949.

United States Court of Appeals, Second Circuit.

Argued September 8, 1993.

Decided December 30, 1993.

New York Law School location: File #1750, Box #131