Free Reply to Response to Motion - District Court of Connecticut - Connecticut

Q Case 3:03-cv-009¢l9`-JCH Document 13 Filed 11/13/2003 Page 1 of 3 Q
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EYE} i‘Q£fQ'·Q' l 3 {Yi? Q2: Ill;
UNITED STATES DISTRICT COURT; juli;.} IT:. gp; H
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EDWARD ROOT, JR. :
Plaintiff 3: 03CV00949(JCH)
vs. Q Q
TIMOTHY LISTON,
Defendant : NOVEMBER 11, 2003
PLAIN'I‘IFF’S MEMORANDUM IN OPPOSITION TO DEFENDANT’S REPLY Q
The defendant mis-states the plaintiffs allegations in its reply brief. This is
not an instance in which the defendant used his quasi judicial authority to set the I
plaintiffs bond prior to his arrest on new charges of threatening and disorderly
_ conduct. This was a case where the defendant misrepresented his authority and I
told state police officers that the court set bond was well in excess of what the court
had, in fact set it at. To the degree that the defendant contends that he has the
authority to set bonds prior to an arrest warrant being signed by a judge, there is
but one simple reply: simple arrogance. Prosecutors do not set bond and they do
not have the ability to forecast what is on a judge’s mind any better than do defense
counsel in a criminal case. This case presents one of the few conceivable sets of
facts under federal law that would deprive a prosecutor of immunity. I I
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Case 3:03-cv-009{9-JCH Document 13 Filed 11/13/2003 Page 2 0f 3
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THE PLAINTIFF 1
EDWARD 1100*1*, JE. 1
BY
NO MAN A. PA is 1
51 Elm Street, Suite 409 1
New Haven, CT 06510
Telephone: (203) 562-9931
Fed Bar N0. ct13120
His Attorney \
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1 Case 3:03-cv-00949~rlCH Document 13 Filed 11/13/2003 Page 3 of 3 1
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CERTIFICATION
This is to certify that a copy ofthe foregoing was sent via first class mail,
postage prepaid, on November 11, 2003, to the following parties and counsel of Q
record: `
Robert B. Fiske, III 1
110 Sherman Street
Hartford, CT 06105
NOR N A. PATTIS
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