Scarpa v. Desmond

August 20, 1993
                    [NOT FOR PUBLICATION]

                UNITED STATES COURT OF APPEALS
                    FOR THE FIRST CIRCUIT

                                         

No. 93-1140 

                       NAZZARO SCARPA,

                    Plaintiff, Appellant,

                              v.

                       JOSEPH DESMOND,

                     Defendant, Appellee.

                                         

         APPEAL FROM THE UNITED STATES DISTRICT COURT

              FOR THE DISTRICT OF MASSACHUSETTS

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

                                         

                            Before

                     Breyer, Chief Judge,
                                        
               Selya and Stahl, Circuit Judges.
                                              

                                         

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

                                         

                                         

     Per Curiam.   Upon review of the parties' briefs and the
               

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
                               

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.
                                

1992) (same; alleged perjury before grand jury and at trial);

see also Butz  v. Economou, 438 U.S. 478, 504 (1978) (stating
                          

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.