Vives v. City of New York

How courts have described this case

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

• holding that enforcement of a constitutional statute may nevertheless violate the constitution if administered in an unconstitutional manner
• holding that a municipality can only be liable for enforcing state law if (1) the municipality had a meaningful choice as to whether it would enforce a particular state law, and (2
• inquiring “whether the Police Department’s policy makers can instruct its officers not to enforce a given section — or portion thereof— of the penal law”
• “This provision ... deprives the Family Court of authority to direct [the firearms’] return, but leaves intact the authority of the department and the New York Supreme Court to do so.”
• “[I]f a municipality decides to enforce a statute that it is authorized, but not required, to enforce, it may have created a municipal policy. . . .”
• decisions not to enforce certain provisions of state penal law

Source: CourtListener parenthetical corpus (CC0).