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Second Circuit Review: City Liability for Invoking Unconstitutional State Laws
May 28, 2008 Full PDF
Litigation partners Marty Flumenbaum and Brad Karp's "Second Circuit Review" column appeared in the May 28 issue of the New York Law Journal. The article, "City Liability for Invoking Unconstitutional State Laws," discusses Vives v. City of New York, in which plaintiff Carlos Vives sued two police officers, police commissioner Raymond Kelly, and the City of New York for violating his First and Fourth amendment rights when he was arrested on charges of aggravated harrassment for mailing political materials to various fellow citizens. The article outlines the Second Circuit's decision to vacate the district court's grant of summary judgment on the claim, on the grounds that there must be a "meaningful and conscious decision" on behalf of the city to enforce a policy that causes constitutional violations. Litigation associate Aliza Balog assisted in the preparation of this column