Legal Opinion

Marcavage v. City of New York

District Court, S.D. New York

Decided January 23, 2013No. 11 Civ. 9482(LTS)(JLC)PublishedCited by 5 opinions

1Opinion of the Court

Opinion and Order

SWAIN, District Judge.

Plaintiffs Michael Marcavage, Repent America, an unincorporated association by and through its Director, Michael Marcavage, Shawn Holes and Don Earns (collectively, “Plaintiffs”) bring this action, asserting claims pursuant to 42 U.S.C. § 1983, for violations of their rights under the First and Fourteenth Amendments to the Constitution of the United States, and under Article I, §§ 3, 8, and 9 of the *268Constitution of New York State. Plaintiffs allege that the City of New York (the “City”), Police Officer Jason Harper (“P.O. Harper”) and Police Captain…

2Cases cited24 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. City of Cleburne v. Cleburne Living Center, Inc.Supreme Court of the United States · 1985
  4. Ward v. Rock Against RacismSupreme Court of the United States · 1989
  5. Perry Education Ass'n v. Perry Local Educators' Ass'nSupreme Court of the United States · 1983

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3Cited by5 opinions

  1. Fort Lauderdale Food Not Bombs v. City of Fort LauderdaleCourt of Appeals for the Eleventh Circuit · 2021
  2. Fleck v. Trustees of the University of PennsylvaniaDistrict Court, E.D. Pennsylvania · 2014
  3. Deferio v. City of SyracuseDistrict Court, N.D. New York · 2018
  4. McClellan v. City of AlexandriaDistrict Court, E.D. Virginia · 2019
  5. Miller v. City of Excelsior, MinnesotaDistrict Court, D. Minnesota · 2022

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