Posted On:
May 2, 2008
Opinion Summaries: Second Circuit U.S. Court of Appeals May 1, 2008
From: Findlaw Opinion Summaries, May 1, 2008
CIVIL RIGHTS, CONSTITUTIONAL LAW, CRIMINAL LAW & PROCEDURE, EVIDENCE, GOVERNMENT LAW, REMEDIES
Vives v. City of New York , No. 05-1664
"In an appeal considering whether a city's acknowledged policy of enforcing New York Penal Law section 240.30(1) is a policy within the meaning of Monell that caused the violation of plaintiff's rights, a judgment awarding plaintiff damages for the city's violation of his constitutional rights is vacated and remanded where the record was insufficient to resolve this issue"
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