A lower court improperly certified a defendant class of state law enforcement officials in a lawsuit alleging the continued widespread use of an anti-loitering law long declared unconstitutional, a federal appeals court has ruled.
The U.S. Court of Appeals for the Second Circuit said Southern District Judge Shira A. Scheindlin should not have taken the rare step of certifying a class of defendants in an action challenging the arrest and prosecution of panhandlers under New York Penal Law §240.35(1).
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