Legal Opinion
Avitabile v. Beach
District Court, N.D. New York
Decided March 22, 2019No. 1:16-CV-1447PublishedCited by 9 opinions
1Opinion of the Court
DAVID N. HURD, United States District Judge
I. INTRODUCTION
Plaintiff Matthew Avitabile ("Avitabile" or "plaintiff") filed this 42 U.S.C. § 1983 official-capacity action against defendant New York State Police Superintendent George Beach (the "State" or "defendant") seeking a declaration that New York's total ban on the civilian possession of tasers and stun guns violates the Second Amendment.1
The parties have cross-moved for summary judgment under Federal Rule of Civil Procedure ("Rule") 56. The motions are fully briefed and oral argument was heard on March 5, 2019, in Utica, New York.…
2Cases cited31 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- District of Columbia v. HellerSupreme Court of the United States · 2008
- Clark v. Community for Creative Non-ViolenceSupreme Court of the United States · 1984
- McDonald v. City of ChicagoSupreme Court of the United States · 2010
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3Cited by9 opinions
- People v. Taylor, The Criminal Court of the City of New York, Bronx2025
- People v. Taylor, The Criminal Court of the City of New York, Bronx2025
- Abdoulaye Toure v. Port Authority of New York and New Jersey, Port Authority of New York and New Jersey Police Department, and Police Officer Chelsea CassinoDistrict Court, E.D. New York · 2025
- Abekassis v. New York City, New YorkDistrict Court, S.D. New York · 2020
- Fouts v. BecerraDistrict Court, S.D. California · 2021
4 more not listed; retrieve them via the Exa API.