context: Vives seeks an injunction enjoining the NYPD, through Commissioner Raymond Kelly, from "arresting persons pursuant to section 240.30(1) of the Penal Law of the State of New York for the mailing of nonthreatening materials that are protected by the First Amendment when such materials are mailed with the intent to 'annoy' .or to 'alarm.' " Compl. at ad damnum clause P 5. Although the Court has no doubt that the enforcement of section 240.30(1) with respect to "annoying" or "alarming" conduct is unconstitutional as applied to anyone, see infra Part III.A.2, it is outside the scope of the Court's power to enjoin the NYPD from enforcing the statute against non-parties.
citation_a.signal: see
citation_a.identifier: 442 U.S. 682, 702
citation_a.parenthetical: "[IJnjunctive relief should be no more burdensome to the defendant than necessary to provide complete relief to the plaintiffs."
citation_a.sentence: See Califano v. Yamasaki, 442 U.S. 682, 702, 99 S.Ct. 2545, 61 L.Ed.2d 176 (1979) (“[IJnjunctive relief should be no more burdensome to the defendant than necessary to provide complete relief to the plaintiffs.”); United States Dep’t of Defense v. Meinhold, 510 U.S. 939, 114 S.Ct. 374, 126 L.Ed.2d 324 (1993) (“Meinhold I”) (staying injunction, pending appeal, to the extent it granted relief to non-parties); Meinhold v. United States Dep’t of Defense, 34 F.3d 1469, 1480 (9th Cir.1994) (“Meinhold II”) (finding injunction over broad where it enjoined the Department of Defense from denying enlistment to anyone based on sexual orientation, and limiting injunction to the Department’s actions with respect, to the plaintiff); see also Hayes v. North State Law Enforcement Officers Assn., 10 F.3d 207, 217 (4th Cir.1993) (“Although injunctive relief should be designed to grant the full relief needed to remedy the injury to the prevailing party, it should not go beyond the extent of the established violation.”).
citation_b.signal: see also
citation_b.identifier: 10 F.3d 207, 217
citation_b.parenthetical: "Although injunctive relief should be designed to grant the full relief needed to remedy the injury to the prevailing party, it should not go beyond the extent of the established violation."
citation_b.sentence: See Califano v. Yamasaki, 442 U.S. 682, 702, 99 S.Ct. 2545, 61 L.Ed.2d 176 (1979) (“[IJnjunctive relief should be no more burdensome to the defendant than necessary to provide complete relief to the plaintiffs.”); United States Dep’t of Defense v. Meinhold, 510 U.S. 939, 114 S.Ct. 374, 126 L.Ed.2d 324 (1993) (“Meinhold I”) (staying injunction, pending appeal, to the extent it granted relief to non-parties); Meinhold v. United States Dep’t of Defense, 34 F.3d 1469, 1480 (9th Cir.1994) (“Meinhold II”) (finding injunction over broad where it enjoined the Department of Defense from denying enlistment to anyone based on sexual orientation, and limiting injunction to the Department’s actions with respect, to the plaintiff); see also Hayes v. North State Law Enforcement Officers Assn., 10 F.3d 207, 217 (4th Cir.1993) (“Although injunctive relief should be designed to grant the full relief needed to remedy the injury to the prevailing party, it should not go beyond the extent of the established violation.”).