Possible Liability For Damages Under Law Later Found Unconstitutional

A Federal judge recent ruled that New York City may be liable for damages for enforcing a law later found unconstitutional. The statute, one concerning communications made with the intent to annoy or alarm, and used as the basis for an individual’s arrest, was struck down. The court was not persuaded by the City’s argument that it enforced a law which was valid at that time because the law’s constitutional basis had been questioned prior to the City’s enforcement.

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