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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.
Argument: 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.'