KRIMSTOCK v. KELLY

Docket No. 05-6691-CV.

464 F.3d 246 (2006)

Valerie KRIMSTOCK, Charles Flatow, Ismael Delapaz, Clarence Walters, James Webb, Michael Zurlo, Sandra Jones, individually and on behalf of all other persons similarly situated, Plaintiffs-Appellants, v. Raymond KELLY, in his official capacity as Commissioner of the New York City Police Department, Property Clerk, New York City Police Department, the City of New York, District Attorneys for the City of New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: September 15, 2006.


Attorney(s) appearing for the Case

Thomas O'Brien, The Legal Aid Society, New York, New York, for Plaintiffs-Appellants.

Robert Hettleman, Assistant District Attorney (Alan Gadlin, Assistant District Attorney, on the brief), New York, New York, for Defendants-Appellees.

Before: JACOBS, POOLER, Circuit Judges, and KORMAN, District Judge.


DENNIS JACOBS, Circuit Judge.

The Plaintiff class challenges the seizure and detention of vehicles by the City of New York. This appeal is taken from the most recent order issued in this long-running litigation, the December 6, 2005 "Amended Order" of the United States District Court for the Southern District of New York (Mukasey, C.J.), insofar as the order allows a district attorney to decide unilaterally that a vehicle seized pursuant to a warrantless arrest...

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