DEEGAN v. CITY OF ITHACA

Docket No. 04-4708 CV.

444 F.3d 135 (2006)

Kevin DEEGAN, Plaintiff-Appellant, v. CITY OF ITHACA, Mariette Geldenhuys, in Her Official Capacity as City Attorney of the City of Ithaca, and Richard Basile, in His Official Capacity as Chief of Police of the City of Ithaca, Defendants-Appellees,

United States Court of Appeals, Second Circuit.

Decided: April 6, 2006.


Attorney(s) appearing for the Case

Nathan W. Kellum, Alliance Defense Fund, Memphis, Tennessee, for Plaintiff-Appellant.

Timothy J. Perry, Sugarman Law Firm, Syracuse, New York, for Defendants-Appellees.

Before: WESLEY and HALL, Circuit Judges, SCULLIN, District Judge.


HALL, Circuit Judge.

Plaintiff-Appellant Kevin Deegan commenced this action, pursuant to 42 U.S.C. §§ 1983 & 1988, seeking damages as well as declaratory and injunctive relief against the City of Ithaca, New York, the City Attorney Marriette Geldenhuys, and the Chief of Police Richard Basile (collectively, "Defendants"). Deegan alleged that his First and Fourteenth Amendment rights were violated when he was prevented, under the purported authority of...

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