5 Borough Pawn, LLC v. City of New York
District Court, S.D. New York
1Opinion of the Court
DECISION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION FOR PLAINTIFFS’ CROSS-MOTION FOR DISCOVERY
McMAHON, District Judge:
Background
This lawsuit is rooted in a pawnshop owner’s refusal to cede to the allegedly unconstitutional demands of a group of NYPD officers. Faced with the threat of arrest, plaintiff Brian Cabrera did not back down from his demand that defendant Sergeant Ron Marti (“Marti”) and his fellow officers supply a warrant before searching the pawnshop’s safe. The officers ignored Cabrera’s demand and arrested him for violating Section 436. The charges against…
2Cases cited54 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
- Harlow v. FitzgeraldSupreme Court of the United States · 1982
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3Cited by31 opinions
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- Dawkins v. GonyeaDistrict Court, S.D. New York · 2009
- Bertuglia v. City of New YorkDistrict Court, S.D. New York · 2015
- Simpson v. Town of Warwick Police DepartmentDistrict Court, S.D. New York · 2016
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