Legal Opinion

Vives v. City of New York

Court of Appeals for the Second Circuit

Decided December 21, 2004No. 03-9270PublishedCited by 20 opinions

1Opinion of the Court

Judge CARDAMONE filed a separate opinion, dissenting in part and concurring in part.

JOSÉ A. CABRANES, Circuit Judge.

Plaintiff Carlos Vives brought this action against defendants,1 seeking declaratory and injunctive relief and monetary damages, based on his contention that his First and Fourth Amendment rights were violated when he was arrested for aggravated harassment pursuant to New York Penal Law § 240.30(1)2 (“section 240.30(1)”) in connection with his mailing non-threatening religious and political materials to Jane Hoffman, then a candidate for New York State Lieutenant Governor, and…

2Cases cited16 opinions

  1. Ashwander v. Tennessee Valley AuthoritySupreme Court of the United States · 1936
  2. People v. ShackNew York Court of Appeals · 1995
  3. People v. DietzeNew York Court of Appeals · 1989
  4. In Re State Police LitigationCourt of Appeals for the Second Circuit · 1996
  5. Barbara C. Ehrlich v. Town of Glastonbury, Joel White, James KennyCourt of Appeals for the Second Circuit · 2003

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3Cited by20 opinions

  1. Mocek v. City of AlbuquerqueCourt of Appeals for the Tenth Circuit · 2015
  2. Amore v. NovarroCourt of Appeals for the Second Circuit · 2010
  3. Field Day, Llc v. County Of SuffolkCourt of Appeals for the Second Circuit · 2006
  4. Field Day, LLC v. County of SuffolkCourt of Appeals for the Second Circuit · 2006
  5. Hassell v. FischerDistrict Court, S.D. New York · 2015

15 more not listed; retrieve them via the Exa API.

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