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LOCURTO v. SAFIR

Docket Nos. 00-7628, 00-7632, 00-7634.

264 F.3d 154 (2001)

Joseph LOCURTO, Plaintiff-Appellee, v. Howard SAFIR, Commissioner of the New York City Police Department, The City of New York and Rudolph Giuliani, Mayor of the City of New York, Defendants-Appellants. Jonathan Walters, Plaintiff-Appellee, v. Rudolph Giuliani, Mayor of the City of New York, Thomas Von Essen, Commissioner of the Fire Department of the City of New York, and The City of New York, Defendants-Appellants. Robert Steiner, Plaintiff-Appellee, v. Rudolph Giuliani, Mayor of the City of New York, Thomas Von-Essen, Commissioner of the New York City Fire Department, The City of New York, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided August 27, 2001.

Attorney(s) appearing for the Case

George Gutwirth, New York, NY (Francis F. Caputo, John F. Wirenius, Leonard J. Koerner, Michael D. Hess, Corporation Counsel of the City of New York, New York, NY, of counsel), for Defendants-Appellants.

Christopher Dunn, New York, NY (Arthur Eisenberg, Norman Siegel, New York Civil Liberties Union Foundation, New York, NY, of counsel), for Plaintiff-Appellee Joseph Locurto.

Michael N. Block, New York, NY (Sullivan Papain Block McGrath & Cannavo P.C., New York, NY, of counsel), for Plaintiff-Appellee Jonathan Walters.

Robert Didio, Kew Gardens, NY (Brettschneider & Didio, LLP, Kew Gardens, NY, of counsel), filed a brief for Plaintiff-Appellee Robert Steiner.

Before: OAKES, CARDAMONE, and PARKER, Circuit Judges.

CARDAMONE, Circuit Judge:

On a Sunday afternoon in September 1998, 80 or so people, including two of the plaintiffs, attended a barbecue hosted by the third plaintiff in Broad Channel, Queens, New York. This social occasion was the genesis of a racist float entered the following day in Broad Channel's annual Labor Day parade. All three plaintiffs actively participated on the float, they say, as an exercise of their First...

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