Legal Opinion
Robert J. Fine v. The City of New York, Anthony Saladino
Court of Appeals for the Second Circuit
Decided December 31, 1975No. 373, Docket 75-7021PublishedCited by 477 opinions
1Opinion of the Court
IRVING R. KAUFMAN, Chief Judge:
In the last half-century, discussions of the effect of the exclusionary rule in criminal prosecutions have repeatedly quoted Cardozo’s dictum, “the criminal is to go free because the constable has blundered.” People v. Defore, 242 N.Y. 13, 21, 150 N.E. 585, 587 (1926). In this civil action for damages we are called upon to decide who may be held to pay for such blunders. Among the questions presented are whether a municipality may be held vicariously liable for the wrongful acts of its employees, either under the Civil Rights Act, 42 U.S.C. § 1981 et seq., or on…
2Cases cited27 opinions
- Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Imbler v. PachtmanSupreme Court of the United States · 1976
- Monroe v. PapeSupreme Court of the United States · 1961
- Pierson v. RaySupreme Court of the United States · 1967
22 more not listed; retrieve them via the Exa API.
3Cited by477 opinions
- Quinn v. Syracuse Model Neighborhood Corp.Court of Appeals for the Second Circuit · 1980
- Jerome Singleton v. City of New York, Ronald Salzer and Anthony DellaventuraCourt of Appeals for the Second Circuit · 1980
- United States v. Paul v. OatesCourt of Appeals for the Second Circuit · 1977
- Thomas B. Fullman v. Charles GraddickCourt of Appeals for the Eleventh Circuit · 1984
- Hill v. City of New YorkCourt of Appeals for the Second Circuit · 1995
472 more not listed; retrieve them via the Exa API.