allowed Lauro to enter his apartment during his vacation to water plants and deliver mail, could not identify any missing items in the areas Lauro had looked through. The charges were reduced to attempted petit larceny, a misdemeanor, and adjourned in contemplation of dismissal. Lauro, who had been fired, was unable to get his job back. Lauro filed a Section 1983 lawsuit against the city, the police department and Detective Michael Charles in federal court for the Southern District of New York. He alleged the arrest and perp walk violated his rights under the Fourth, Sixth, Eighth and Fourteenth amendments. Judge Allen G. Schwartz held in 1999 that the arrest was lawful but the perp walk was not. "The perp walk conducted with plaintiff", Schwartz wrote, "was a seizure that intruded on plaintiff's privacy interests and personal rights, and was conducted in a manner designed to cause humiliation to plaintiff with no legitimate law enforcement objective or justification." He found it even more humiliating than the police stops approved by the Supreme Court in Terry v. Ohio. "In addition to the indignity of the walk itself is the fact that the police were aware that the walk was to be featured on the Fox 5 News and exposed to the entire New York metropolitan area. All this in a nation where an accused is presumed to be innocent until proven otherwise." He ruled that Charles was not entitled to qualified immunity for his actions since Ayeni v. Mottola, a previous decision of the Second Circuit Court of Appeals, which has appellate jurisdiction over New York, held that unnecessary media exposure by law enforcement was unconstitutional. Charles appealed to the Second Circuit himself, arguing that no court had held the perp walk unconstitutional. The next year, 2000, a panel of three judges agreed and reversed the district court, while still finding a constitutional violation. Charles relied on two precedents, the Supreme Court's Paul v. Davis and the Second Circuit's own Rosenberg v. Martin, Jerry Rosenberg's case, to support his argument that the injury to Lauro's reputation did not in itself deprive him of his constitutional rights. Writing for the panel, Guido Calabresi, former dean of Yale Law School, rejected those two arguments since in neither case had the plaintiffs asserted a Fourth Amendment violation, as Lauro had. He turned to the perp walk itself, which he agreed seemed to be a