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SIMON v. CITY OF NEW YORK

Docket No. 17-1281 August Term, 2017.

893 F.3d 83 (2018)

Alexina SIMON, Plaintiff-Appellant, v. CITY OF NEW YORK, Francis Longobardi, Queens County Assistant District Attorney, Detective Evelyn Alegre, Detective Douglas Lee, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: June 21, 2018.

Attorney(s) appearing for the Case

UGOCHUKWU UZOH , Ugo Uzoh, P.C., Brooklyn, NY, for Plaintiff-Appellant.

ELINA DRUKER ( Richard Dearing , Devin Slack , on the brief), for Zachary W. Carter , Corporation Counsel of the City of New York, New York, NY, for Defendants-Appellees.

CODY H. WOFSY , ACLU Foundation Immigrants' Rights Project, San Francisco, CA; Lee Gelernt , ACLU Foundation Immigrants' Rights Project, New York, NY; Joel B. Rudin , Vice Chair, Amicus Committee, National Association of Criminal Defense Lawyers, New York, NY; Richard D. Willstatter , Chair, Amicus Curiae Committee, New York State Association of Criminal Defense Lawyers, White Plains, NY; Mariana Kovel , New York Civil Liberties Union Foundation, New York, NY, for Amici Curiae National Association of Criminal Defense Lawyers, New York State Association of Criminal Defense Lawyers, American Civil Liberties Union Foundation, New York Civil Liberties Union Foundation, in support of Plaintiff-Appellant.

Before: Katzmann, Chief Judge, Chin, Circuit Judge, and Nathan, District Judge.

This case takes us to the intersection of an allegedly wrongful arrest and detention on a material witness warrant, the Fourth Amendment, and qualified immunity. Plaintiff Alexina Simon brought this action in the United States District Court for the Eastern District of New York (Vitaliano, J.) under 42 U.S.C. §...

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