Loper v. New York City Police Dept

2 Citing briefs

  1. Windsor v. The United States Of America

    MEMORANDUM OF LAW in Support re: 28 MOTION for Summary Judgment.. Document

    Filed June 24, 2011

    THE APPLICABLE STANDARD Summary judgment is appropriate where the pleadings, the discovery materials, and any affidavits show “that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a); see also Beard v. Banks, 548 U.S. 521, 529, 534 (2006) (granting summary judgment in constitutional challenge); Loper v. New York City Police Dep’t, 999 F.2d 699 (2d Cir. 1993) (affirming summary judgment entered by district court declaring state statute unconstitutional). Case 1:10-cv-08435-BSJ-JCF Document 29 Filed 06/24/11 Page 17 of 51 10 Since it is undisputed that Edie has been injured by virtue of having to pay a $363,000 estate tax, the only issue in this case is whether her injury violates the Constitution’s equal protection guarantee.

  2. The American Civil Liberties Union of Illinois v. Alvarez

    RESPONSE

    Filed October 6, 2010

    Accord Perry Educ. Ass'n. v. Perry Local Educators' Ass'n, 460 U.S. 37, 45 (1983) (in traditional public forums, "the government may not prohibit all communicative activity"). See, e.g., Airport Commissioners v. Jews for Jesus, Inc., 482 U.S. 569, 575-76 (1987) (striking down a ban on all "First Amendment activities" in an airport); Loper v. NYPD, 999 F.2d 699, 705 (2nd Cir. 1993) (striking down ban on begging in public places throughout the city "because of the total prohibition it command[ed]"). Case: 1:10-cv-05235 Document #: 26 Filed: 10/06/10 Page 24 of 38 PageID #:230 16 Defendant also argues without evidence that the ACLU lacks standing.