Legal Opinion

New York Ex Rel. Spitzer v. Cain

District Court, S.D. New York

Decided February 15, 2006No. 05 Civ.9132(DLC)PublishedCited by 25 opinions

1Opinion of the Court

OPINION & ORDER

COTE, District Judge.

Plaintiffs, the People of New York, represented by their Attorney General, move for preliminary injunctive relief in a civil suit under the federal Freedom of Access to Clinic Entrances Act (“FACE”), 18 U.S.C. § 248, the New York state analog, and the common law of nuisance. Plaintiffs claim that defendants’ conduct outside the Margaret Sanger Center, a reproductive health facility in Manhattan, violates federal and state law. For the reasons more fully described below, the motion is granted in part.

The following constitutes this Court’s findings of fact,…

2Cases cited50 opinions

  1. Elrod v. BurnsSupreme Court of the United States · 1976
  2. O'Lone v. Estate of ShabazzSupreme Court of the United States · 1987
  3. R. A. v. v. City of St. PaulSupreme Court of the United States · 1992
  4. Hill v. ColoradoSupreme Court of the United States · 2000
  5. Virginia v. BlackSupreme Court of the United States · 2003

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3Cited by25 opinions

  1. United States v. MabieCourt of Appeals for the Eighth Circuit · 2011
  2. People v. StanleyColorado Court of Appeals · 2007
  3. State v. ParnoffSupreme Court of Connecticut · 2018
  4. Holley v. COUNTY OF ORANGE, NYDistrict Court, S.D. New York · 2009
  5. Pandozy v. TobeyCourt of Appeals for the Second Circuit · 2009

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