United States Second Circuit

There is no individual liability for police pursuant to plaintiff's section 1983 claims based on alleged Fourth Amendment violations where warrantless entry into plaintiff's was justified by exigent circumstances. Claim against city fails because there is no evidence that the seizure was conducted pursuant to an official governmental policy or custom.

Appellate Information

• Decided 08/08/2003
• Published 08/08/2003

Judges

• SOTOMAYOR, Circuit Judge., Before:  NEWMAN, SACK, and SOTOMAYOR, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Richard A. Altman, New York, NY, for Plaintiffs-Appellants., Amanda Masters, Cadwalader, Wickersham & Taft (Isaac S. Greaney, on the brief), New York, NY, for amici curiae New York Lawyers for the Public Interest, Inc., New York Civil Liberties Union, Center for Constitutional Rights, and Urban Justice Center.


• For Appellees:
  
• Janet L. Zaleon, Assistant Corporation Counsel (Michael A. Cardozo, Corporation Counsel of the City of New York, Kristin M. Helmers, Susan B. Eisner, on the brief), New York, NY, for Defendants-Appellees.