Legal Opinion

Davis v. City of New York

District Court, S.D. New York

Decided September 23, 2002No. 00 CIV. 4309(SAS)PublishedCited by 63 opinions

1Opinion of the Court

OPINION AND ORDER

SCHEINDLIN, District Judge.

In the autumn of 1998, then-police officer James Davis’s name appeared on the Liberal Party “slate” for the upcoming November election. Over the next few months, Davis conducted a'minimal campaign and, on November 3, he was listed on the election ballot as the Liberal Party’s nominee for State Assembly. The next day, the New York City Police Department fired Davis for violating a law that prohibits police officers from accepting a political party’s nomination without resigning their commission. See N.Y. City Charter Ch. 49 § 1129.

Davis explained to…

2Cases cited27 opinions

  1. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  2. Reeves v. Sanderson Plumbing Products, Inc.Supreme Court of the United States · 2000
  3. City of Canton v. HarrisSupreme Court of the United States · 1989
  4. Board of the County Commissioners of Bryan County v. BrownSupreme Court of the United States · 1997
  5. Pembaur v. City of CincinnatiSupreme Court of the United States · 1986

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3Cited by63 opinions

  1. Baity v. KralikDistrict Court, S.D. New York · 2014
  2. Triano v. Town of HarrisonDistrict Court, S.D. New York · 2012
  3. McLennon v. City of New YorkDistrict Court, E.D. New York · 2016
  4. Green v. City of Mount VernonDistrict Court, S.D. New York · 2015
  5. Davis v. City of New YorkCourt of Appeals for the Second Circuit · 2003

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