NAACP v. AcuSport, Inc.

271 F.Supp. 2d 435 (2003)

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NAACP v. AcuSport, Inc.

United States District Court for the Eastern District of New York
271 F.Supp. 2d 435 (2003)

  • Written by Rose VanHofwegen, JD

Facts

The NAACP (plaintiff) brought an injunctive action against AcuSport, Inc. (defendant) asserting that its marketing and indiscriminate sales practices of guns created a public nuisance. Specifically, the NAACP claimed AcuSport’s practices caused more guns to enter the illegal market and fall into the hands of criminals, who use them to commit crimes against African Americans more frequently than members of the public at large. AcuSport moved to dismiss, asserting that the NAACP failed to show a harm different in kind as required to bring a private cause of action for public nuisance.

Rule of Law

Issue

Holding and Reasoning (Weinstein, J.)

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