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Municipal Interpretation of State Law as "Conscious Choice": Municipal Liability in State Law Enforcement

Dina Mishra

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Abstract

Carlos Vives sometimes sent press clippings and letters to "people of the Jewish faith with the intent to alarm them about current world events that have been prophesied in the Bible." After sending one such packet in early 2002, Vives was arrested by New York City police officers for violating a state law prohibiting communication with another person by mail "in a manner likely to cause annoyance or alarm." Vives sued the City for damages under 42 U.S.C. § 1983, claiming that the City's enforcement of the statute violated his First and Fourteenth Amendment rights.

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Carlos Vives sometimes sent press clippings and letters to "people of the Jewish faith with the intent to alarm them about current world events that have been prophesied in the Bible." After sending one such packet in early 2002, Vives was arrested by New York City police officers for violating a state law prohibiting communication with another person by mail "in a manner likely to cause annoyance or alarm." Vives sued the City for damages under 42 U.S.C. § 1983, claiming that the City's enforcement of the statute violated his First and Fourteenth Amendment rights.

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Available abstract

Carlos Vives sometimes sent press clippings and letters to "people of the Jewish faith with the intent to alarm them about current world events that have been prophesied in the Bible." After sending one such packet in early 2002, Vives was arrested by New York City police officers for violating a state law prohibiting communication with another person by mail "in a manner likely to cause annoyance or alarm." Vives sued the City for damages under 42 U.S.C. § 1983, claiming that the City's enforcement of the statute violated his First and Fourteenth Amendment rights.

Key concepts: Law, Statute, Supreme court, Doctrine, Political science, State (computer science), Strict liability, Common law

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