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KRIMSTOCK v. KELLY

No. 99 Civ. 12041(HB).

506 F.Supp.2d 249 (2007)

Valerie KRIMSTOCK, et. al., individually and on behalf of all other persons similarly situated, Plaintiffs, v. Raymond KELLY, in his official capacity as Commissioner of the New York City Police Department, Property Clerk, New York City Police Department, and the City of New York, Defendants, and The District Attorneys of the City of New York, Intervenor.

United States District Court, S.D. New York.

August 15, 2007.

Attorney(s) appearing for the Case

Steven B. Wasserman, Thomas M. O'Brien, The Legal Aid Society, New York, NY, for plaintiffs.

Chlarens Orsland, Corporation Counsel of the City of New York, New York, NY, for defendants.

Mark Dwyer, New York, NY, for intervenor.

OPINION & ORDER

HAROLD BAER, JR., District Judge.

Plaintiff class in this long-running litigation challenges the constitutionality of the seizure and detention of vehicles by the City of New York. This action was remanded by the Second Circuit to this Court on September 15, 2006 to determine the procedures by which a district attorney may apply to retain, as evidence in a criminal proceeding, a vehicle seized pursuant to a warrantless arrest....

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