United States Second Circuit

In a civil rights action arising out of plaintiffs' arrests, incarcerations, and prosecutions for attempting to enter a federal building with objects resembling police badges, summary judgment for defendants is affirmed where: 1) plaintiffs' First Amendment claim was waived because it was not explicitly raised, or supported by facts alleged, in the complaint; 2) plaintiffs' Fourth Amendment claim failed because there was probable cause for their arrests; 3) plaintiffs only had standing to make an as-applied challenge to New York City Administrative Code section 14-107, and that section was not unconstitutionally vague as applied to them; and 4) plaintiffs failed to adequately serve certain defendants with process.

Appellate Information

• Argued 01/12/2010
• Decided 05/14/2010
• Published 05/14/2010

Judges

• SACK, Circuit Judge:, Before JACOBS, Chief Judge, SACK and HALL, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Jason J. Rozger, (Bruce Menken, of counsel), Beranbaum Menken Ben-Asher & Bierman LLP, New York, NY, for Plaintiffs-Appellants.


• For Appellees:
  
• Sarah E. Light, Assistant United States Attorney (Benjamin H. Torrance, Assistant United States Attorney, of counsel), Preet Bharara, United States Attorney for the Southern District of New York, New York, NY, for Defendants-Appellees Napolitano, Pappas, and Mahoney., Ellen Ravitch, Assistant Corporation Counsel (Stephen J. McGrath, Jennifer Rossan, of counsel), Michael A. Cardozo, Corporation Counsel of the City of New York, New York City Law Department, New York, NY, for Defendants-Appellees City of New York, Torres, and Brockmann.