SMALLS v. COLLINS

Docket Nos. 20-1099-cv/20-1331-cv August Term, 2020.

10 F.4th 117 (2021)

Andrew SMALLS, Plaintiff-Appellant, v. Police Officer Richard COLLINS and Police Officer David Teta, Defendants-Appellees, City of New York, Police Officer Eric Cabrera, Police Officer Jessica Alvarado, Sergeant Brian Stamm and Police Officer Alvarez, Defendants. Deshawn Daniel, Plaintiff-Appellant, v. Detective Brian Taylor, Detective Neil Magliano, Detective James Cleary, Sergeant Wesley Fradera, Defendants-Appellees, City of New York, John and Jane Does 1-5, Neil C. Magliano, Defendants.

United States Court of Appeals, Second Circuit.

Decided: August 20, 2021.


Attorney(s) appearing for the Case

Joel B. Rudin ( Matthew A. Wasserman , Jacob Loup , Law Offices of Joel B. Rudin, P.C., New York, NY, and Jon L. Norinsberg , Law Offices of Jon L. Norinsberg, New York, NY, on the brief), for Plaintiff-Appellant Andrew Smalls;

Gregory Antollino , Antollino, PLLC, New York, NY, and Stephen Bergstein , Bergstein & Ullrich, New Paltz, NY, for Plaintiff-Appellant Deshawn Daniel;

John Moore ( Richard Paul Dearing , Devin Slack , on the brief), for James E. Johnson , Corporation Counsel of the City of New York, New York, NY, for Defendants-Appellees.

David A. Lebowitz , Douglas E. Lieb , Kaufman Lieb Lebowitz & Frick LLP, New York, NY, for Amici Curiae American Civil Liberties Union, Bronx Defenders, Cato Institute, Center for Appellate Litigation, Center on the Administration of Criminal Law at New York University School of Law, Legal Aid Society, National Association of Criminal Defense Lawyers, National Police Accountability Project, New York Civil Liberties Union, New York State Chief Defenders Association, New York State Association of Criminal Defense Lawyers, and Office of the Appellate Defender.

Joshua L. Dratel , Lindsey A. Lewis , Joshua L. Dratel, P.C., New York, NY, for Amicus Curiae National Association of Criminal Defense Lawyers.

Before: Sack, Menashi, Circuit Judges, and Kaplan, District Judge.


Although these appeals come to us in different procedural postures, they present similar material facts and closely related legal questions and were therefore heard, and are decided, in tandem.

Plaintiffs-appellants Andrew Smalls and Deshawn Daniel were each prosecuted in state court for criminal possession of a weapon...

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