Federal Court Certifies Class to Challenge Enforcement of New York Loitering Law Held Unconstitutional in 1983

Redman, Daniel
June 2009
Lesbian -- Gay Law Notes;Jun2009, p107
The article discusses the court case Casale v. Kelly, wherein U.S. District Judge Shira Scheindlin granted a petition for class certification to challenge the enforcement of a loitering law targeting gay men that was held unconstitutional by the New York Court of Appeals in 1983. Three forms of relief were sought by the plaintiffs who brought claims under the Fourth, Fifth and Fourteenth Amendments and under the common law false arrest and malicious prosecution claims. The court found that prerequisites for certification were met by the proposed class.


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