DICKERSON v. NAPOLITANO

Docket No. 09-2167-cv.

604 F.3d 732 (2010)

Lateif DICKERSON, individually and on behalf of a class of others similarly situated, Clyde Davison Jr., individually and on behalf of a class of others similarly situated, Jimmy Hogans, individually and on behalf of a class of others similarly situated, Plaintiffs-Appellants, v. Janet NAPOLITANO, in her official capacity as Secretary of the Department of Homeland Security, Chris Pappas, Thomas Mahoney, Karlene Torres, Raymond Brockmann, John Doe, 1-50, Jane Doe, 1-50, City of New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: May 14, 2010.


Attorney(s) appearing for the Case

Jason J. Rozger, (Bruce Menken, of counsel), Beranbaum Menken Ben-Asher & Bierman LLP, New York, NY, for Plaintiffs-Appellants.

Sarah E. Light, Assistant United States Attorney (Benjamin H. Torrance, Assistant United States Attorney, of counsel), Preet Bharara, United States Attorney for the Southern District of New York, New York, NY, for Defendants-Appellees Napolitano, Pappas, and Mahoney.

Ellen Ravitch, Assistant Corporation Counsel (Stephen J. McGrath, Jennifer Rossan, of counsel), Michael A. Cardozo, Corporation Counsel of the City of New York, New York City Law Department, New York, NY, for Defendants-Appellees City of New York, Torres, and Brockmann.

Before: JACOBS, Chief Judge, SACK and HALL, Circuit Judges.


SACK, Circuit Judge:

In this appeal, the plaintiffs challenge, on various grounds, "Operation Stinking Badges,"1 a joint federal-city policing policy, and New York City Administrative Code § 14-107, a New York City statute2 criminalizing, inter alia, the possession without authority of "any uniform, shield,3 buttons, wreaths, numbers or other insignia or emblem in...

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