Legal Opinion

Biehunik v. Felicetta

Court of Appeals for the Second Circuit

Decided March 5, 1971No. 490, Docket 35543PublishedCited by 24 opinions

1Opinion of the Court

IRVING R. KAUFMAN, Circuit Judge:

This appeal presents another aspect of the continuing problem of reconciling the state’s powers as employer with the constitutional protections its employees enjoy as citizens. The Buffalo Police Commissioner, Frank Felicetta, commanded 62 city policemen, upon pain of discharge, to appear in a lineup for possible identification by civilians who allegedly had been assaulted by certain patrolmen. The District Court permanently enjoined the lineup. For the reasons set forth below, we reversed the judgment in open court following oral argument and ordered that the…

2Cases cited17 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. United States v. WadeSupreme Court of the United States · 1967
  3. Stovall v. DennoSupreme Court of the United States · 1967
  4. Camara v. Municipal Court of City and County of San FranciscoSupreme Court of the United States · 1967
  5. Garrity v. New JerseySupreme Court of the United States · 1967

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

3Cited by24 opinions

  1. United States v. Charles Davis AKA Marcus AndersonCourt of Appeals for the Ninth Circuit · 1973
  2. Cerrone v. BrownCourt of Appeals for the Second Circuit · 2001
  3. Gerald W. Shields v. David Burge, Individually, and as Superintendent With the Illinois State PoliceCourt of Appeals for the Seventh Circuit · 1989
  4. Pedro Amezquita v. Rafael Hernandez ColonCourt of Appeals for the First Circuit · 1975
  5. Lorna Cassady v. Thurman Tackett, Individually and in His Capacity as Johnson County JailerCourt of Appeals for the Sixth Circuit · 1991

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

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