Legal Opinion

Oppenheimer v. State of New York

Appellate Division of the Supreme Court of the State of New York

Decided July 20, 2017No. 523224PublishedCited by 12 opinions

1Opinion of the Court

McCarthy, J.P.

Appeal from an order of the Court of Claims (McCarthy, J.), entered April 25, 2016, which, among other things, partially granted defendant’s cross motion for summary judgment dismissing the claim.

On June 11, 2013, claimant, an inmate at a state correctional facility, was stopped on his way to the recreational yard by a female correction officer for a routine nonemergency pat frisk in accordance with Department of Corrections and Community Supervision Directive No. 4910. At the time of his stop, claimant was wearing a kufi prayer cap on his head as a practicing Muslim. According…

2Cases cited19 opinions

  1. Haywood v. DrownSupreme Court of the United States · 2009
  2. Brown v. State of New YorkNew York Court of Appeals · 1996
  3. Martinez v. City of SchenectadyNew York Court of Appeals · 2001
  4. Rivera v. SmithNew York Court of Appeals · 1984
  5. Shelton v. New York State Liquor AuthorityAppellate Division of the Supreme Court of the State of New York · 2009

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3Cited by12 opinions

  1. Miller v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2017
  2. Moreland v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2021
  3. Cumberland v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2023
  4. Kelly v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2022
  5. Alsaifullah v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2018

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

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