Smith v. Campbell
Court of Appeals for the Second Circuit
1Opinion of the Court
HALL, Circuit Judge:
Before us on appeal is an amended complaint alleging various acts of intimidation and harassment aimed at Joanne Smith and Edward Lilly by New York State Trooper Ben Campbell. We AFFIRM that part of the district court’s order dismissing Smith’s claim for retaliatory prosecution, Lilly’s claim of a violation of his First Amendment right to peaceable assembly, and both plaintiffs’ claims for intentional infliction of emotional distress. We VACATE and REMAND, however, the dismissal of plaintiff Lilly’s unlawful seizure claim.
BACKGROUND 2
Smith alleges in her amended complaint.…
2Cases cited14 opinions
- Heck v. HumphreySupreme Court of the United States · 1994
- Wallace v. KatoSupreme Court of the United States · 2007
- Shirley Small v. Secretary of Health and Human ServicesCourt of Appeals for the Second Circuit · 1989
- Marc Andrew Mario v. P & C Food Markets, Inc.Court of Appeals for the Second Circuit · 2002
- Shomo v. City of New YorkCourt of Appeals for the Second Circuit · 2009
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- Higginbotham v. City of New YorkDistrict Court, S.D. New York · 2015
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