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VIVES v. CITY OF NEW YORK

Docket No. 05-1664-cv.

524 F.3d 346 (2008)

Carlos VIVES, Plaintiff-Appellee, v. The CITY OF NEW YORK and Raymond Kelly, Commissioner of the New York City Police Department, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: May 1, 2008.

Attorney(s) appearing for the Case

Elizabeth I. Freedman, Assistant Corporation Counsel (Michael A. Cardozo, Corporation Counsel of the City of New York, Francis F. Caputo and Caryn Rosencrantz, Assistant Corporation Counsels, on the brief), New York, NY, for Defendants-Appellants.

Christopher Dunn (Arthur Eisenberg and Corey Stoughton on the brief), New York Civil Liberties Union Foundation, New York, NY, for Plaintiff-Appellee.

Before: POOLER, KATZMANN, and PARKER, Circuit Judges.

POOLER, Circuit Judge:

INTRODUCTION

Carlos Vives sent a New York City ("City") politician written materials that were likely to cause her alarm and that did alarm her. As a result, he was arrested for violating New York Penal Law § 240.30(1), which criminalizes such actions, and detained for several hours. In a decision that has not been appealed, the United Stated District Court for the Southern District of New York (Scheindlin, J.) held that...

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