Legal Opinion
Vives v. City of New York
Court of Appeals for the Second Circuit
Decided May 1, 2008No. Docket 05-1664-cvPublishedCited by 98 opinions
1Opinion of the Court
POOLER, Circuit Judge:
INTRODUCTION
Carlos Vives sent a New York City (“City”) politician written materials that were likely to cause her alarm and that did alarm her. As a result, he was arrested for violating New York Penal Law § 240.30(1), which criminalizes such actions, and detained for several hours. In a decision that has not been appealed, the United Stated District Court for the Southern District of New York (Scheindlin, J.) held that Section 240.30(1) is unconstitutionally overbroad on its face. In the determination now under review, the district court held that the City promulgated a…
2Cases cited32 opinions
- Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
- Will v. Michigan Department of State PoliceSupreme Court of the United States · 1989
- Board of the County Commissioners of Bryan County v. BrownSupreme Court of the United States · 1997
- Pembaur v. City of CincinnatiSupreme Court of the United States · 1986
- City of Oklahoma v. TuttleSupreme Court of the United States · 1985
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3Cited by98 opinions
- Bellamy v. City of N.Y.Court of Appeals for the Second Circuit · 2019
- Askins v. City of New YorkCourt of Appeals for the Second Circuit · 2013
- Matthews v. City of New YorkDistrict Court, E.D. New York · 2012
- David Snyder v. J. King etalCourt of Appeals for the Seventh Circuit · 2014
- Friend v. GasparinoCourt of Appeals for the Second Circuit · 2023
93 more not listed; retrieve them via the Exa API.