Legal Opinion

Vali Books, Inc. v. Murphy

District Court, S.D. New York

Decided May 19, 1972No. 72 Civ. 974Published

1Opinion of the Court

METZNER, District Judge:

Plaintiff seeks a preliminary injunction ordering the defendants to return various reels of movie film seized on the plaintiff’s premises and restraining the defendants from any future seizures without a preliminary adversary hearing on the issue of obscenity. Jurisdiction is predicated on 42 U.S.C. § 1983 and 28 U.S.C. § 1343.

As will be later detailed, film was seized on four different occasions by New York City police officers in conjunction with alleged violations of the New York obscenity statute (Penal Law § 235.05). Admittedly, the seizures were not preceded by…

2Cases cited12 opinions

  1. Younger v. HarrisSupreme Court of the United States · 1971
  2. Joseph Burstyn, Inc. v. WilsonSupreme Court of the United States · 1952
  3. Marcus v. Search Warrant of PropertySupreme Court of the United States · 1961
  4. A Quantity of Copies of Books v. KansasSupreme Court of the United States · 1964
  5. United States v. Edward A. Wild, Jr. And Louis CorradoCourt of Appeals for the Second Circuit · 1970

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