N.Y. CIVIL LIBERTIES UNION v. N.Y. CITY TRANSIT

Docket No. 10-0372-cv.

684 F.3d 286 (2011)

NEW YORK CIVIL LIBERTIES UNION, Plaintiff-Appellee, v. NEW YORK CITY TRANSIT AUTHORITY, Defendant-Appellant, H. Dale Hemmerdinger, Elliot G. Sander, Defendants.

United States Court of Appeals, Second Circuit.

Decided: July 20, 2011.

Amended: January 4, 2012.


Attorney(s) appearing for the Case

Christopher Dunn , New York Civil Liberties Union Foundation, ( Arthur Eisenberg , on the brief), New York, N.Y., for Plaintiff-Appellee.

Richard Schoolman , Office of the General Counsel, New York City Transit Authority, ( Valerie K. Ferrier , on the brief), New York, N.Y., for Defendant-Appellant.

David A. Schulz , Jacob P. Goldstein , Levine Sullivan Koch & Schulz, LLP, New York, N.Y., for Amici Curiae The New York Times Company, et al., in support of Plaintiff-Appellee.

Brian Kreiswirth , Committee on Civil Rights, The Association of the Bar of the City of New York, Marjorie Lindblom , Evan Saucier , Kirkland & Ellis LLP, New York, N.Y., for Amicus Curiae The Association of the Bar of the City of New York.

Before: LEVAL, CALABRESI, LYNCH, Circuit Judges.


CALABRESI, Circuit Judge:

Defendant-Appellant New York City Transit Authority ("NYCTA") promulgates Rules of Conduct ("Rules") for those who use the city's public transportation and its associated facilities. N.Y. Pub. Auth. Law § 1204(5-a); see 21 N.Y. Comp.Codes R. & Regs. § 1050 et seq.1 All New York City police officers are authorized to issue citations for violations of the Rules. New York Civil Liberties...

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