Simon v. City of New York

Brief for Amici Curiae the National Association of Criminal Defense Lawyers, New York State Association of Criminal Defense Lawyers, American Civil Liberties Union Foundation, and New York Civil Liberties Union Foundation in Support of Plaintiff-Appellant Alexina Simon.

Brief filed: 08/31/2017


Simon v. City of New York

2nd Circuit Court of Appeals; Case No. 17-1281

Prior Decision

Decision below 2017 WL 1215724 (E.D.N.Y. March 19, 2017).


It was clearly established that defendants were required to comply with the warrant’s express terms and could not continue to detain a person arrested pursuant to the warrant by mistake. This Court should reject the lower court's dangerous holding that law enforcement officials who engage in an obviously unlawful practice should enjoy immunity from suit because such violations are 'common.'

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Joel B. Rudin, NACDL, New York, NY; Richard D. Willstatter, NACDL, White Plains, NY.