noting that Fourth Amendment doctrine in some ways protects against discriminatory enforcement
How later courts described this case
- noting that Fourth Amendment doctrine in some ways protects against discriminatory enforcement
- “On our precedents, plaintiffs are regularly and properly given at least one chance to amend their complaint in response to a district court’s finding of inadequacy.”
Written by the judges who cited it.
The opinion
SACK and KATZMANN, Circuit Judges, concurring in the denial of rehearing in banc:
We concur in the Court’s decision to deny rehearing in banc because we think it would likely be unproductive. We note, however, our view that the Court should have remanded to the district court allowing the plaintiffs to amend their complaint in light of the panel’s clarifying language with respect to the Equal Protection Clause in its amended opinion.