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· 2/2/2011

Rasmussen v. City of New York

Citations

  • 766 F. Supp. 2d 399
  • 2011 U.S. Dist. LEXIS 10089
  • 2011 WL 477713

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • emphasizing that a compilation of complaints on where there has been no adjudication of liability is not enough to show an unconstitutional practice for Monell purposes
  • noting that, while the plaintiff “was not acting with an improper motive,” her “decision to physically interfere with the conduct of the police falls within the conduct recognized by these authorities as constituting OGA”
  • “[M]erely approaching the police, or speaking during the course of a police action, or disregarding police instructions, will support a conviction for [obstructing governmental administration].”
  • plaintiffs could not establish a municipal “policy” merely by citing CCRB complaints and other civil suits against defendants
  • \[I]f one accepts Plaintiff's assumptions-that repeated instances of constitutional violations by police officers carry no consequences-a factual issue might exist as to whether the lack of consequences contributed to this incident.\
  • “Qualified immunity requires a two step inquiry, in either order, one step of which is the determination of whether issues exist that a plaintiff's constitutional rights have been violated.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Cogan

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.