LAURO v. CHARLES

Docket No. 99-7239.

219 F.3d 202 (2000)

John LAURO, Jr., Plaintiff-Appellee, v. Michael CHARLES, Defendant-Appellant, The City of New York and The Police Department of the City of New York, Defendants.

United States Court of Appeals, Second Circuit.

Decided: July 28, 2000.


Attorney(s) appearing for the Case

Philip J. Dinhofer, New York, NY, for Plaintiff-Appellee.

Edward F.X. Hart, Office of the Corporation Counsel of the City of New York, New York, N.Y. (Michael D. Hess, Corporation Counsel of the City of New York, Leonard Koerner, and Orrit Hershkovitz, on the brief) for Defendant-Appellant.

Nathan E. Siegel, ABC, Inc., New York, NY, submitted a brief on behalf of amici curiae ABC, Inc., Associated Press, CBS Broadcasting Inc., The Daily News, National Broadcasting Company, Inc., NYP Holdings, Inc., Reporters Committee for Freedom of the Press, Tribune Broadcasting Company, and The Washington Post Company.

Before: MESKILL, WALKER, and CALABRESI, Circuit Judges.


CALABRESI, Circuit Judge:

May the police constitutionally force an arrested person to undergo a staged "perp walk" for the benefit of the press, when the walk serves no other law enforcement purpose? We hold that such a staged perp walk exacerbates the seizure of the arrestee unreasonably and therefore violates the Fourth Amendment. But we also hold that, because the Fourth Amendment right at issue was not clearly established until today's decision, the defendant...

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