CASALE v. KELLY

Nos. 08 Civ. 2173(SAS), 05 Civ. 5442(SAS).

710 F.Supp.2d 347 (2010)

Paul CASALE and Anthony Garcia, on Behalf of Themselves and Others Similarly Situated, Plaintiffs, v. Raymond W. KELLY, Commissioner of the New York City Police Department, et al., Defendants. Michael Brown, on Behalf of Himself and Others Similarly Situated, Plaintiff, v. Raymond W. Kelly, Commissioner of the New York City Police Department, et al., Defendants.

United States District Court, S.D. New York.

April 26, 2010.


Attorney(s) appearing for the Case

Katherine Rosenfeld, Esq. , Matthew D. Brinckerhoff, Esq. , Emery Celli Brinckerhoff LLP, J. McGregor Symth, Jr., Esq. , The Bronx Defenders, Bronx, NY, Earl Ward, Esq. , New York, NY, for Plaintiffs.

Rachel Seligman Weiss , Linda Donahue , Assistant Corporation Counsel, New York City Law Department, New York, NY, for Defendants.


OPINION AND ORDER

SHIRA A. SCHEINDLIN, District Judge:

I. INTRODUCTION

The City of New York, operating principally through the New York City Police Department ("NYPD"), has continuously enforced three unconstitutional loitering statutes for decades following judicial invalidation of those laws and despite numerous court orders to the contrary.1 While arrests, summonses, and prosecutions under the void...

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