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Davis v. Stratton

February 4, 2010

GREG DAVIS, PLAINTIFF-APPELLEE,
v.
BRIAN U. STRATTON, MAYOR, AND MICHAEL N. GERACI, SR., CHIEF OF POLICE, DEFENDANTS-APPELLANTS.



DECISION AND ORDER

This Court has received a Summary Order from the United States Court of Appeals for the Second Circuit in the above captioned matter. Dkt. No. 95. Therein, the Second Circuit reviewed the Court's September 9, 2008 Judgment (Dkt. No. 79) which enjoined Defendants-Appellants from (i) applying N.Y. Penal Law § 140.05 to shut down protected speech; and (ii) prohibiting Plaintiff from preaching the Gospel, leafleting, videotaping, and holding signs in certain designated public fora of the Schenectady County Community College. The Second Circuit granted Defendants-Appellants' appeal, reversing the Judgment of this Court and ordered this Court to dismiss Plaintiff-Appellee's complaint.

Accordingly, it is hereby

ORDERED, that Plaintiff's Complaint is DISMISSED; and it is further

ORDERED, that the Clerk of the Court shall serve a copies of this Order on all parties.

IT IS SO ORDERED.

20100204

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