Case: Vitagliano v. County of Westchester

7:22-cv-09370 | U.S. District Court for the Southern District of New York

Filed Date: Nov. 1, 2022

Closed Date: Dec. 11, 2023

Clearinghouse coding complete

Case Summary

This is a case about “bubble zones” that make it illegal to approach another person to protest, educate, or counsel them while both within eight feet of that person and also inside a 100-foot radius of a reproductive health care facility. On November 1, 2022, plaintiff, who was working toward becoming a “sidewalk counselor” and planned to approach women entering abortion clinics to engage them in conversation about alternatives, sued Westchester County in the U.S. District Court for the Souther…

This is a case about “bubble zones” that make it illegal to approach another person to protest, educate, or counsel them while both within eight feet of that person and also inside a 100-foot radius of a reproductive health care facility. On November 1, 2022, plaintiff, who was working toward becoming a “sidewalk counselor” and planned to approach women entering abortion clinics to engage them in conversation about alternatives, sued Westchester County in the U.S. District Court for the Southern District of New York under 42 U.S.C. § 1983. Plaintiff’s pre-enforcement challenge alleged that the bubble zones created an unconstitutional content-based restriction on speech. Represented by the Becket Fund for Religious Liberty, plaintiff sought a declaration that the bubble zone ordinance was unconstitutional, injunctions preventing enforcement of the law as well as enjoining the county from preventing plaintiff from counseling outside of abortion clinics, and nominal damages. This case was assigned to District Judge Philip M. Halpern and Magistrate Judge Judith C. McCarthy.

On November 7, shortly after the case was filed, a second case — Hulinsky v. County of Westchester County Department of Public Safety — was accepted as related.

The plaintiff in this case claimed that, but for the bubble zone law, she would have become a sidewalk counselor outside of abortion clinics in Westchester County. The County of Westchester filed a motion to dismiss on December 16, 2022, which plaintiff opposed five days later on December 21. In a decision on December 30, District Judge Halpern granted the motion to dismiss, reasoning that plaintiff lacked standing to bring the claim and, regardless, the bubble zone law was clearly constitutional under Hill v. Colorado, 530 U.S. 730, a case in which the United States Supreme Court upheld a nearly identical law. 2023 WL 24246.

On January 3, 2023, plaintiff appealed. On June 21, 2023, the Second Circuit vacated the portion of the district court’s judgment finding that the plaintiff lacked standing but nonetheless affirmed dismissal on the grounds that Hill v. Colorado was controlling precedent. 71 F.4th 130.

Plaintiff petitioned the U.S. Supreme Court for certiorari on July 21, 2023. Multiple religious liberty and pro-life groups filed amicus briefs in support of the cert petition, as did, jointly, Kentucky, Alabama, Arkansas, Idaho, Iowa, Mississippi, Missouri, Montana, Nebraska, South Carolina, Tennessee, Texas, Utah, and West Virginia. On December 11, 2023, the Supreme Court declined to hear the case.

This case is now closed.

Summary Authors

Alex Levin (10/7/2023)

Related Cases

Hulinsky v. County of Westchester County Department of Public Safety, Southern District of New York (2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/65653563/parties/vitagliano-v-county-of-westchester/


Judge(s)

Halpern, Philip Morgan (New York)

Attorney for Plaintiff

Chen, Daniel (New York)

Davis, Joseph (New York)

Attorney for Defendant

Adin, Justin Richard (New York)

MacLeod, Shawna Currie (New York)

show all people

Documents in the Clearinghouse

Document
1

7:22-cv-09370

Complaint

Nov. 1, 2022

Nov. 1, 2022

Complaint
31

7:22-cv-09370

Memorandum Opinion and Order

Jan. 3, 2023

Jan. 3, 2023

Order/Opinion

2023 WL 2023

35

7:22-cv-09370

Order

U.S. Court of Appeals for the Second Circuit

June 21, 2023

June 21, 2023

Order/Opinion

71 F.4th 71

Docket

See docket on RECAP: https://www.courtlistener.com/docket/65653563/vitagliano-v-county-of-westchester/

Last updated April 29, 2024, 2:30 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against County Of Westchester, George Latimer, John M. Nonna. (Filing Fee $ 402.00, Receipt Number ANYSDC-26904640)Document filed by Debra A. Vitagliano..(Vitagliano, Daniel) (Entered: 11/01/2022)

Nov. 1, 2022

Nov. 1, 2022

Clearinghouse
2

CIVIL COVER SHEET filed..(Vitagliano, Daniel) (Entered: 11/01/2022)

Nov. 1, 2022

Nov. 1, 2022

RECAP
3

STATEMENT OF RELATEDNESS re: that this action be filed as related to 7:22-cv-06950. Document filed by Debra A. Vitagliano..(Vitagliano, Daniel) (Entered: 11/01/2022)

Nov. 1, 2022

Nov. 1, 2022

RECAP
4

REQUEST FOR ISSUANCE OF SUMMONS as to County of Westchester, re: 1 Complaint. Document filed by Debra A. Vitagliano..(Vitagliano, Daniel) (Entered: 11/01/2022)

Nov. 1, 2022

Nov. 1, 2022

RECAP
5

REQUEST FOR ISSUANCE OF SUMMONS as to George Latimer, re: 1 Complaint. Document filed by Debra A. Vitagliano..(Vitagliano, Daniel) (Entered: 11/01/2022)

Nov. 1, 2022

Nov. 1, 2022

RECAP
6

REQUEST FOR ISSUANCE OF SUMMONS as to John M. Nonna, re: 1 Complaint. Document filed by Debra A. Vitagliano..(Vitagliano, Daniel) (Entered: 11/01/2022)

Nov. 1, 2022

Nov. 1, 2022

RECAP

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(pc)

Nov. 2, 2022

Nov. 2, 2022

PACER

Case Designated ECF. (pc)

Nov. 2, 2022

Nov. 2, 2022

PACER

CASE REFERRED TO Judge Philip M. Halpern as possibly related to 22cv6950. (pc)

Nov. 2, 2022

Nov. 2, 2022

PACER
7

ELECTRONIC SUMMONS ISSUED as to County Of Westchester..(pc) (Entered: 11/02/2022)

Nov. 2, 2022

Nov. 2, 2022

RECAP
8

ELECTRONIC SUMMONS ISSUED as to George Latimer..(pc) (Entered: 11/02/2022)

Nov. 2, 2022

Nov. 2, 2022

RECAP
9

ELECTRONIC SUMMONS ISSUED as to John M. Nonna..(pc) (Entered: 11/02/2022)

Nov. 2, 2022

Nov. 2, 2022

RECAP

Case Opening Initial Assignment Notice

Nov. 2, 2022

Nov. 2, 2022

PACER

CASE ACCEPTED AS RELATED. Create association to 7:22-cv-06950-PMH. Notice of Assignment to follow. (aea)

Nov. 7, 2022

Nov. 7, 2022

PACER

NOTICE OF CASE REASSIGNMENT to Judge Philip M. Halpern. Judge Unassigned is no longer assigned to the case. (aea)

Nov. 7, 2022

Nov. 7, 2022

PACER

Magistrate Judge Judith C. McCarthy is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (aea)

Nov. 7, 2022

Nov. 7, 2022

PACER

Notice of Case Assignment/Reassignment

Nov. 7, 2022

Nov. 7, 2022

PACER
10

CERTIFICATE OF SERVICE of Summons and Complaint. County Of Westchester served on 11/4/2022, answer due 11/25/2022. Service was accepted by Donna Dixon. Document filed by Debra A. Vitagliano..(Vitagliano, Daniel) (Entered: 11/16/2022)

Nov. 16, 2022

Nov. 16, 2022

RECAP
11

AFFIDAVIT OF SERVICE of Summons and Complaint. George Latimer served on 11/4/2022, answer due 11/25/2022. Service was accepted by Donna Dixon. Document filed by Debra A. Vitagliano..(Vitagliano, Daniel) (Entered: 11/16/2022)

Nov. 16, 2022

Nov. 16, 2022

RECAP
12

AFFIDAVIT OF SERVICE of Summons and Complaint. John M. Nonna served on 11/4/2022, answer due 11/25/2022. Service was accepted by Donna Dixon. Document filed by Debra A. Vitagliano..(Vitagliano, Daniel) (Entered: 11/16/2022)

Nov. 16, 2022

Nov. 16, 2022

RECAP
13

NOTICE OF APPEARANCE by John Nonna on behalf of County Of Westchester, George Latimer, John M. Nonna..(Nonna, John) (Entered: 11/22/2022)

Nov. 22, 2022

Nov. 22, 2022

RECAP
14

MOTION for Mark L. Rienzi to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26993594. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Debra A. Vitagliano. (Attachments: # 1 Affidavit in Support of Motion to Admit Counsel Pro Hac Vice, # 2 Supplement DC Bar Certificate of Good Standing, # 3 Text of Proposed Order for Admission Pro Hac Vice).(Rienzi, Mark) (Entered: 11/22/2022)

1 Affidavit in Support of Motion to Admit Counsel Pro Hac Vice

View on RECAP

2 Supplement DC Bar Certificate of Good Standing

View on RECAP

3 Text of Proposed Order for Admission Pro Hac Vice

View on RECAP

Nov. 22, 2022

Nov. 22, 2022

RECAP
15

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Joseph C. Davis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26993742. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Debra A. Vitagliano. (Attachments: # 1 Affidavit in Support of Motion to Admit Counsel Pro Hac Vice, # 2 Supplement DC Bar Certificate of Good Standing, # 3 Supplement LA Bar Certificate of Good Standing, # 4 Text of Proposed Order for Admission Pro Hac Vice).(Davis, Joseph) Modified on 11/23/2022 (aea). (Entered: 11/22/2022)

1 Affidavit in Support of Motion to Admit Counsel Pro Hac Vice

View on RECAP

2 Supplement DC Bar Certificate of Good Standing

View on RECAP

3 Supplement LA Bar Certificate of Good Standing

View on RECAP

4 Text of Proposed Order for Admission Pro Hac Vice

View on RECAP

Nov. 22, 2022

Nov. 22, 2022

RECAP
16

FIRST LETTER MOTION for Extension of Time addressed to Judge Philip M. Halpern from John Nonna dated November 22,2022. Document filed by County Of Westchester, George Latimer, John M. Nonna..(Nonna, John) (Entered: 11/22/2022)

Nov. 22, 2022

Nov. 22, 2022

RECAP
17

NOTICE OF APPEARANCE by Shawna Currie MacLeod on behalf of County Of Westchester, George Latimer, John M. Nonna..(MacLeod, Shawna) (Entered: 11/22/2022)

Nov. 22, 2022

Nov. 22, 2022

RECAP
18

NOTICE OF APPEARANCE by Justin Richard Adin on behalf of County Of Westchester, George Latimer, John M. Nonna..(Adin, Justin) (Entered: 11/22/2022)

Nov. 22, 2022

Nov. 22, 2022

RECAP
19

NOTICE OF APPEARANCE by Alida Lavidania Marcos on behalf of County Of Westchester, George Latimer, John M. Nonna..(Marcos, Alida) (Entered: 11/22/2022)

Nov. 22, 2022

Nov. 22, 2022

RECAP

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 14 MOTION for Mark L. Rienzi to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26993594. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea)

Nov. 23, 2022

Nov. 23, 2022

PACER

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 15 MOTION for Joseph C. Davis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26993742. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Louisiana (Not State Bar);. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (aea)

Nov. 23, 2022

Nov. 23, 2022

PACER
20

ORDER granting 16 Letter Motion for Extension of Time. Application granted. The deadline for Defendants to respond to the Complaint shall be extended to December 16, 2022. SO ORDERED.. (Signed by Judge Philip M. Halpern on 11/23/2022) (kv) (Entered: 11/23/2022)

Nov. 23, 2022

Nov. 23, 2022

RECAP

Set/Reset Deadlines: County Of Westchester answer due 12/16/2022; George Latimer answer due 12/16/2022; John M. Nonna answer due 12/16/2022. (kv)

Nov. 23, 2022

Nov. 23, 2022

PACER
21

ORDER FOR ADMISSION PRO HAC VICE granting 14 Motion for Mark L. Rienzi to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys.. (Signed by Judge Philip M. Halpern on 11/23/2022) (kv) (Entered: 11/23/2022)

Nov. 23, 2022

Nov. 23, 2022

RECAP

Notice Regarding Pro Hac Vice Motion

Nov. 23, 2022

Nov. 23, 2022

PACER

Notice Regarding Deficient Motion to Appear Pro Hac Vice

Nov. 23, 2022

Nov. 23, 2022

PACER
22

AMENDED MOTION for Joseph C. Davis to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Debra A. Vitagliano. (Attachments: # 1 Affidavit in Support of Motion to Admit Counsel Pro Hac Vice, # 2 Supplement DC Bar Certificate of Good Standing, # 3 Supplement LA Sup Ct Certificate of Good Standing, # 4 Text of Proposed Order for Admission Pro Hac Vice).(Davis, Joseph) (Entered: 11/29/2022)

1 Affidavit in Support of Motion to Admit Counsel Pro Hac Vice

View on PACER

2 Supplement DC Bar Certificate of Good Standing

View on PACER

3 Supplement LA Sup Ct Certificate of Good Standing

View on PACER

4 Text of Proposed Order for Admission Pro Hac Vice

View on PACER

Nov. 29, 2022

Nov. 29, 2022

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 22 AMENDED MOTION for Joseph C. Davis to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (sac)

Nov. 30, 2022

Nov. 30, 2022

PACER
23

ORDER FOR ADMISSION PRO HAC VICE granting 22 AMENDED MOTION for Joseph C. Davis to Appear Pro Hac Vice. The motion of Joseph C. Davis, for admission to practice Pro Hac Vice in the above captioned action is granted.. (Signed by Judge Philip M. Halpern on 11/30/2022) (jca) (Entered: 11/30/2022)

Nov. 30, 2022

Nov. 30, 2022

RECAP

Notice Regarding Pro Hac Vice Motion

Nov. 30, 2022

Nov. 30, 2022

PACER
24

MOTION for Daniel L. Chen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27049428. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Debra A. Vitagliano. (Attachments: # 1 Affidavit in Support of Motion to Admit Counsel Pro Hac Vice, # 2 Supplement DC Bar Certificate of Good Standing, # 3 Supplement CA Bar Certificate of Good Standing, # 4 Text of Proposed Order for Admission Pro Hac Vice).(Chen, Daniel) (Entered: 12/06/2022)

1 Affidavit in Support of Motion to Admit Counsel Pro Hac Vice

View on PACER

2 Supplement DC Bar Certificate of Good Standing

View on PACER

3 Supplement CA Bar Certificate of Good Standing

View on PACER

4 Text of Proposed Order for Admission Pro Hac Vice

View on PACER

Dec. 6, 2022

Dec. 6, 2022

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 24 MOTION for Daniel L. Chen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27049428. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea)

Dec. 7, 2022

Dec. 7, 2022

PACER
25

PROPOSED STIPULATION AND ORDER. Document filed by Debra A. Vitagliano..(Rienzi, Mark) (Entered: 12/07/2022)

Dec. 7, 2022

Dec. 7, 2022

PACER

Notice Regarding Pro Hac Vice Motion

Dec. 7, 2022

Dec. 7, 2022

PACER
26

ORDER FOR ADMISSION PRO HAC VICE granting 24 MOTION for Daniel L. Chen to Appear Pro Hac Vice. The motion of Daniel L. Chen, for admission to practice Pro Hac Vice in the above captioned action is granted. (Signed by Judge Philip M. Halpern on 12/8/2022) (jca) (Entered: 12/08/2022)

Dec. 8, 2022

Dec. 8, 2022

RECAP
27

ORDER GRANTING JOINT RULE 21 MOTION TO DROP PARTIES The parties have filed a Joint Rule 21 Motion to Drop Defendants George Latimer and John M. Nonna, sued in their official capacities, from the case. (Doc. 25). For the reasons stated therein, the motion is GRANTED. The Clerk of Court is respectfully directed to drop, under Federal Rule of Civil Procedure 21, Defendants George Latimer and John M. Nonna from the case and to amend the case caption accordingly. SO ORDERED. John M. Nonna (John M. Nonna, in his official capacity as County Attorney of the County of Westchester), George Latimer (Chief Executive of the County of Westchester, in his official capacity) and George Latimer (George Latimer, in his official capacity as County Executive of the County of Westchester) terminated. (Signed by Judge Philip M. Halpern on 12/8/2022) (jca) (Entered: 12/08/2022)

Dec. 8, 2022

Dec. 8, 2022

PACER
28

FIRST LETTER MOTION for Conference addressed to Judge Philip M. Halpern from John Nonna dated December 16, 2022. Document filed by County Of Westchester, George Latimer, John M. Nonna..(Nonna, John) (Entered: 12/16/2022)

Dec. 16, 2022

Dec. 16, 2022

RECAP
29

LETTER RESPONSE to Motion addressed to Judge Philip M. Halpern from Mark L. Rienzi dated 12/21/2022 re: 28 FIRST LETTER MOTION for Conference addressed to Judge Philip M. Halpern from John Nonna dated December 16, 2022. . Document filed by Debra A. Vitagliano..(Rienzi, Mark) (Entered: 12/21/2022)

Dec. 21, 2022

Dec. 21, 2022

RECAP
30

ORDER denying without prejudice to renewal (53 in 7:22-cv-06950-PMH) Letter Motion for Conference re: 53 LETTER MOTION for Conference addressed to Judge Philip M. Halpern from Christopher Ferrara dated December 22, 2022. Application denied without prejudice to renewal after Defendant files its response to the Second Amended Complaint. SO ORDERED. (Signed by Judge Philip M. Halpern on 12/23/2022) (jca) (Entered: 12/23/2022)

Dec. 23, 2022

Dec. 23, 2022

RECAP
31

MEMORANDUM OPINION AND ORDER For the foregoing reasons, Defendant's motion to dismiss is GRANTED. The Clerk of Court is respectfully directed to (i) terminate the motion sequence pending at Doc. 28 and (ii) close this case. SO ORDERED. (Signed by Judge Philip M. Halpern on 12/30/2022) (jca) Transmission to Orders and Judgments Clerk for processing. (Entered: 01/03/2023)

Jan. 3, 2023

Jan. 3, 2023

Clearinghouse
32

CLERK'S JUDGMENT re: 31 Memorandum & Opinion in favor of County Of Westchester against Debra A. Vitagliano. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum Opinion and Order dated January 3, 2023, Defendant's motion to dismiss is GRANTED; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 1/3/2023) (Attachments: # 1 Right to Appeal) (km) (Entered: 01/03/2023)

Jan. 3, 2023

Jan. 3, 2023

RECAP
33

NOTICE OF APPEAL from 32 Clerk's Judgment, 31 Memorandum & Opinion,. Document filed by Debra A. Vitagliano. Filing fee $ 505.00, receipt number ANYSDC-27160900. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Vitagliano, Daniel) (Entered: 01/04/2023)

Jan. 4, 2023

Jan. 4, 2023

RECAP

Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 33 Notice of Appeal. (tp)

Jan. 5, 2023

Jan. 5, 2023

PACER

Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 33 Notice of Appeal, filed by Debra A. Vitagliano were transmitted to the U.S. Court of Appeals. (tp)

Jan. 5, 2023

Jan. 5, 2023

PACER

Transmission of Notice of Appeal and Docket Sheet to USCA

Jan. 5, 2023

Jan. 5, 2023

PACER

Appeal Record Sent to USCA - Electronic File

Jan. 5, 2023

Jan. 5, 2023

PACER
34

ENDORSED LETTER addressed to Judge Philip M. Halpern from Christopher A. Ferrara re: Further to the colloquy with the Court yesterday at the pre-motion conference, I am submitting herewith a proposed form of order denying injunctive relief as to § 425.31(i) of the Laws of Westchester County, the so-called 8-foot bubble zone provision. Per County Counsel John Nonnas representation yesterday, confirmed in a telephone conversation with him today, the County has no objection to the entry of such an order. ENDORSEMENT: Application denied. The Court finds no basis in law to bifurcate the motion for preliminary injunction as Plaintiffs request. The Court will consider Plaintiffs' request for preliminary injunctive relief as to all of the challenged provisions of Section 425.31 once the motion is sub judice. SO ORDERED. (Signed by Judge Philip M. Halpern on 1/25/2023) (jca) (Entered: 01/25/2023)

Jan. 25, 2023

Jan. 25, 2023

PACER
35

USCA OPINION (Certified) as to 33 Notice of Appeal, filed by Debra A. Vitagliano USCA Case Number 23-030.Plaintiff-Appellant Debra Vitagliano, an aspiring sidewalk counselor, brought a First Amendment challenge to Westchester County's recently enacted "bubble zone" law, which makes it illegal to approach within eight feet of another person for the purpose of engaging in "oral protest, education, or counseling" when inside a one-hundred-foot radius of a reproductive health care facility. Thedistrict court dismissed the complaint, holding that Vitagliano lacks standing to mount a pre-enforcement challenge to the bubble zone law, and that, in any event, the Supreme Court's decision in Hill v. Colorado, 530 U.S. 703 (2000), forecloses her First Amendment claim. We conclude that Vitagliano has standing to seek pre-enforcement relief because she has pleaded sufficient facts to support a credible threat that Westchester County will enforce the bubble zone law if she pursues her stated intention to engage in sidewalk counseling. We nevertheless affirm the judgment of dismissal because the district court correctly recognized that Hill dictates the conclusion that Westchester County's bubble zone law withstands First Amendment scrutiny. Accordingly, the judgment of the district court is VACATED IN PART and AFFIRMED IN PART.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 06/21/2023..(nd) (Entered: 06/21/2023)

June 21, 2023

June 21, 2023

Clearinghouse

Transmission of USCA Mandate/Order to District Judge

June 21, 2023

June 21, 2023

PACER

Transmission of USCA Opinion to the District Judge re: 35 USCA Opinion..(nd)

June 21, 2023

June 21, 2023

PACER
36

MANDATE of USCA (Certified Copy) as to 33 Notice of Appeal, filed by Debra A. Vitagliano. USCA Case Number 23-0030. IT IS HEREBY ORDERED, ADJUDGED and DECREED that the judgment of the District Court is VACATED IN PART and AFFIRMED IN PART. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 07/12/2023. (Attachments: # 1 Opinion).(nd) (Entered: 07/12/2023)

July 12, 2023

July 12, 2023

PACER

Transmission of USCA Mandate/Order to District Judge

July 12, 2023

July 12, 2023

PACER

Transmission of USCA Mandate to the District Judge re: 36 USCA Mandate,..(nd)

July 12, 2023

July 12, 2023

PACER

Case Details

State / Territory: New York

Case Type(s):

Speech and Religious Freedom

Reproductive Issues

Key Dates

Filing Date: Nov. 1, 2022

Closing Date: Dec. 11, 2023

Case Ongoing: No

Plaintiffs

Plaintiff Description:

An aspiring pro-life "sidewalk counselor" seeking to engage with women entering abortion clinics and discuss abortion alternatives.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Westchester County, New York, County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General/Misc.:

Access to public accommodations - privately owned

Buildings

Disability and Disability Rights:

Sidewalks

Medical/Mental Health Care:

Medical care, general

Reproductive rights:

Abortion