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VIVES v. CITY OF NEW YORK

No. 03-9270.

405 F.3d 115 (2005)

Carlos VIVES, Plaintiff-Appellee, v. The CITY OF NEW YORK, Raymond Kelly, Commissioner of the New York City Police Department, Ming Y. Li; a Detective of the New York City Police Department, and Manwai Lu, a Detective of the New York City Police Department, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: December 21, 2004.

As Amended January 18, 2005 and April 29, 2005.

Attorney(s) appearing for the Case

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

Elizabeth I. Freedman (Leonard Koerner, Francis F. Caputo, of counsel; Michael A. Cardozo, on the brief), Corporation Counsel of the City of New York, New York, NY, for Defendants-Appellants.

Before: CARDAMONE, MCLAUGHLIN and CABRANES, Circuit Judges.

Judge CARDAMONE filed a separate opinion, dissenting in part and concurring in part.

JOSÉ A. CABRANES, Circuit Judge.

Plaintiff Carlos Vives brought this action against defendants,1 seeking declaratory and injunctive relief and monetary damages, based on his contention that his First and Fourth Amendment rights were violated when he was arrested for aggravated harassment pursuant to New York Penal Law § 240.30(1)

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