Legal Opinion

Casale v. Kelly

District Court, S.D. New York

Decided April 26, 2010No. 08 Civ. 2173(SAS), 05 Civ. 5442(SAS)PublishedCited by 15 opinions

1Opinion of the Court

OPINION AND ORDER

SHIRA A. SCHEINDLIN, District Judge:

I. INTRODUCTION

The City of New York, operating principally through the New York City Police Department (“NYPD”), has continuously enforced three unconstitutional loitering statutes for decades following judicial invalidation of those laws and despite numerous court orders to the contrary. 1 While arrests, summonses, and prosecutions under the void statutes generally have diminished over time, the City’s description of its anti-enforcement efforts as “ ‘reasonably diligent and energetic’ ” 2 simply does not comport with reality. 3 Over time,…

2Cases cited29 opinions

  1. Chambers v. Nasco, Inc.Supreme Court of the United States · 1991
  2. Fogerty v. Fantasy, Inc.Supreme Court of the United States · 1994
  3. Devenpeck v. AlfordSupreme Court of the United States · 2004
  4. International Union, United Mine Workers v. BagwellSupreme Court of the United States · 1994
  5. McComb v. Jacksonville Paper Co.Supreme Court of the United States · 1949

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3Cited by15 opinions

  1. Brown v. KellyCourt of Appeals for the Second Circuit · 2010
  2. Amore v. NovarroCourt of Appeals for the Second Circuit · 2010
  3. Crosby v. City of New YorkDistrict Court, S.D. New York · 2010
  4. Davis v. City of New YorkDistrict Court, S.D. New York · 2012
  5. Floyd v. City of New YorkDistrict Court, S.D. New York · 2012

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