Court of Appeals for the Second Circuit March 20, 2003, Docket No. 02-7770 (Toussie v. Powell)

CALABRESI, Circuit Judge.

John Powell appeals the district court’s denial of his motion to dismiss. See Fed. R.Civ.P. 12(b)(6). Among other things, the district court held that Powell did not enjoy qualified immunity from a suit under 42 U.S.C. § 1983.