Case: Louima v. City of New York

1:98-cv-05083 | U.S. District Court for the Eastern District of New York

Filed Date: Aug. 6, 1998

Closed Date: 2006

Clearinghouse coding complete

Case Summary

This is a summary of the infamous Abner Louima case. a matter which attracted international attention and sparked demonstrations on New York City Hall in 1997 for its allegations of conscious-shocking police abuse. On August 8, 1998, Louima's private attorneys, who included the late Johnnie Cochran, filed suit pursuant to 42 U.S.C.§ 1983 in U.S. District Court for the Eastern District of New York against the City of New York, the Patrolmen's Benevolent Association (PBA) and various individual …

This is a summary of the infamous Abner Louima case. a matter which attracted international attention and sparked demonstrations on New York City Hall in 1997 for its allegations of conscious-shocking police abuse. On August 8, 1998, Louima's private attorneys, who included the late Johnnie Cochran, filed suit pursuant to 42 U.S.C.§ 1983 in U.S. District Court for the Eastern District of New York against the City of New York, the Patrolmen's Benevolent Association (PBA) and various individual police officers, alleging police brutality. Louima, a Haitian immigrant, claimed that he was beaten and sodomized with a broken piece of a broomstick or toilet plunger, in a Brooklyn stationhouse bathroom following his arrest at a Haitian nightclub. Louima claimed that the following his torture, officers and the PBA engaged in a widespread conspiracy to cover-up the incident. Louima further alleged that the officer's brutality was the caused by the policies, customs and/or practices of the NYPD and the PBA, including a "code of silence" that existed within the department. Louima's wife alleged a claim for loss of consortium.

Five of the individual officers named as defendants in Louima's civil suit were also indicted on federal criminal violations stemming from the attack on Louima. Two separate criminal trials began while Louima's civil case was pending. One defendant officer, Justin Volpe, eventually pled guilty to charges relative to his involvement. Other officers were convicted, but the convictions were overturned on appeal, with charges against one officer being remanded for a new trial. See U.S. v. Schwarz, 283 F.3d 76 (2nd Cir. 2002).

Louima's complaint was amended three times, with the third amended complaint being filed on September 27, 2000. Several individual defendants filed cross-claims, but the legal basis for those cross-claims is unclear from the docket. The PBA responded to the third amended complaint by filing a motion to dismiss for failure to state a claim. PBA argued in part that plaintiffs' third amended complaint did not adequately allege that the PBA acted under color of state law, nor that it conspired with a state actor to deprive plaintiffs' civil rights. Plaintiffs served a memorandum in opposition to PBA's motion to dismiss, addressing the novel issue of the PBA's potential liability in a Section 1983 police brutality case.

In March 2001 Magistrate Cheryl L. Pollak entered a protective order in the case, restricting public access to the proceedings and pleadings. With settlement talks ongoing, Judge Pollak also ordered that all parties to the litigation refrain from publicly disclosing any information regarding settlement negotiations. The protective order was amended several times thereafter and eventually lifted on October 17, 2002.

After years of discovery and protracted settlement negotiations, the case was globally settled for $8.75 million (the City agreeing to pay $7.125 million; the PBA agreeing to pay $1.625 million) in exchange for dismissal of the claims against all of the defendants, except for Officers Charles Schwarz and Francisco Rosario. On July 23, 2001, a stipulation and order of settlement and dismissal was filed. There was a dispute among Louima's attorneys as to the distribution of attorneys' fees, so district court judge Sterling Johnson, Jr. ordered that the amount of the fees be placed in an escrow account, overseen by trustee Ronald L. Garnett, Esq., pending resolution of the fee dispute.

A hearing was held before the court beginning on October 16, 2002, regarding the attorney fee dispute. On October 5, 2004, district court judge Sterling Johnson, Jr. adopted magistrate judge Pollack's report and recommendation on the fee dispute in part and awarded several of the attorneys less than 10% of the total attorneys' fees of $2.9 million. The majority of the fees were ordered payable to attorneys Cochran, Neufeld, Scheck and Rubenstein.

Attorney Roper-Simpson appealed the order. The second circuit court of appeals affirmed and the district court thereafter ordered the distribution of the attorney's fees in accordance with its order.

Summary Authors

Dan Dalton (1/2/2007)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/11141489/parties/louima-v-city-of-new-york/


Judge(s)

Jacobs, Dennis G. (New York)

Johnson, Sterling Jr. (New York)

Leval, Pierre Nelson (New York)

Pollak, Cheryl L. (New York)

Attorneys(s) for Plaintiff

Cochran, Johnnie L. Jr. (California)

Goldberg, David T. (New York)

Neufeld, Peter J. (New York)

Ross, Michael S. (New York)

Rubenstein, Sanford A. (New York)

Scheck, Barry C. (New York)

Judge(s)

Jacobs, Dennis G. (New York)

Johnson, Sterling Jr. (New York)

Leval, Pierre Nelson (New York)

Pollak, Cheryl L. (New York)

Attorneys(s) for Plaintiff

Cochran, Johnnie L. Jr. (California)

Goldberg, David T. (New York)

Neufeld, Peter J. (New York)

Ross, Michael S. (New York)

Rubenstein, Sanford A. (New York)

Scheck, Barry C. (New York)

Streeter, Jon B. (California)

Attorneys(s) for Defendant

Balber, Scott S. (New York)

Baumstein, Douglas P. (New York)

Bergman, Paul B. (New York)

Birnbaum, Frank (New York)

Blessinger, Peter J. (New York)

Brounstein, Steven Lloyd (New York)

DeBlasio, John W. (New York)

Fischetti, Ronald P. (New York)

Granger, Raymond (New York)

Immitt, Michael (New York)

Jenks, Thomas (Ohio)

Kahn, Lawrence S. (New York)

Keating, Kevin James (New York)

Kessler, Frederick R. (New York)

Kornberg, Marvyn M. (New York)

Laquercia, Thomas Michael (New York)

Lee, Timothy (New York)

Levitt, Richard Ware (New York)

Longworth, Gregory M. (New York)

Lynch, Patrick (New York)

Matarazzo, Louis (New York)

McMahon, Gerald J. (New York)

Murray, Michael T. (New York)

Pagan, William (New York)

Patten, John D. (New York)

Pestana, Georgia (New York)

Puccio, Thomas Philip (New York)

Simon, Bradley Drew (New York)

Tacopina, Joseph (New York)

Waller, Brian D. (New York)

Worth, Stephen C. (New York)

Zweifach, Lawrence J. (New York)

Other Attorney(s)

Okoli, Kenechukwu Chudi (New York)

Expert/Monitor/Master

Straub, Chester J. (New York)

Documents in the Clearinghouse

Document

1:98-cv-05083

Docket (PACER)

Dec. 4, 2006

Dec. 4, 2006

Docket
149

1:98-cv-05083

Third Amended Complaint and Jury Demand

Sept. 27, 2000

Sept. 27, 2000

Complaint

1:98-cv-05083

Plaintiffs' Memorandum of Law in Response to the PBA's Motion to Dismiss

Nov. 8, 2000

Nov. 8, 2000

Pleading / Motion / Brief

1:98-cv-05083

Memorandum of Law in Support of Motion to Dismiss the Third Amended Complaint against Defendants the Patrolmen's Benevolent Association of the City of New York, Inc., Patrick Lynch, Louis Matarazzo, Michael Immitt and Timothy Lee

May 3, 2001

May 3, 2001

Pleading / Motion / Brief
293

1:98-cv-05083

Report and Recommendation

2004 U.S.Dist.LEXIS 13707

July 21, 2004

July 21, 2004

Order/Opinion
302

1:98-cv-05083

Memorandum and Order

2004 WL 2359943, 2004 U.S.Dist.LEXIS 28886

Oct. 5, 2004

Oct. 5, 2004

Order/Opinion

04-05533

Summary Order

U. S. Court of Appeals for the Second Circuit

163 Fed.Appx. 70

Jan. 20, 2006

Jan. 20, 2006

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/11141489/louima-v-city-of-new-york/

Last updated Aug. 9, 2022, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed and summons(es) issued for City of New York, New York City Police, Patrolmen's Bene, Justin Volpe, Charles Schwarz, Thomas Bruder, Michael Bellomo, Jeffrey Fallon, Francisco Rosario, Rolando Aleman, William F. Walsh, Jeremiah Quinlan, Thomas Wiese, Louis Matarazzo, William Pagan, Frank Birnbaum, Michael Immitt, Marcella Makebish, Patrick O'Sullivan, John Does, Richard Roes, William Woes FILING FEE $ 150.00 RECEIPT # 209728 (Chow, Alice) (Brown, Marc). (Entered: 08/06/1998)

Aug. 6, 1998

Aug. 6, 1998

PACER
2

ORDER dtd. 8/10/98, set scheduling conference for 11:00 9/18/98 before Magistrate Cheryl L. Pollak ( signed by Magistrate Cheryl L. Pollak ) Copies mailed (Jackson, Ramona) (Entered: 08/12/1998)

Aug. 12, 1998

Aug. 12, 1998

PACER
3

AFFIDAVIT of Service Abner Louima, Micheline Louima Re: summons & [1-1] complaint To Corp. Counsel dtd. 8/7/98 (Jackson, Ramona) (Entered: 08/12/1998)

Aug. 12, 1998

Aug. 12, 1998

PACER
4

LETTER dated 8/27/98 from Peter J.Neufeld to Mag Pollak response to order issued 8/10/98 scheduling the initial conf. for 9/18/98. (Jackson, Ramona) (Entered: 09/03/1998)

Sept. 3, 1998

Sept. 3, 1998

PACER
5

ORDER dtd. 8/31/98, set pretrial conference for 10:30 9/18/98 before Judge Sterling Johnson Jr. ( signed by Judge Sterling Johnson Jr. ) (Jackson, Ramona) (Entered: 09/03/1998)

Sept. 3, 1998

Sept. 3, 1998

PACER

Text not available.

Sept. 8, 1998

Sept. 8, 1998

PACER
6

RETURN OF SERVICE executed as to Patrolmen's Benevolent Ass. of the City of New York (PBA), Justin Volpe, Charles Schwarz, Thomas Bruder, Sergeant Michael Bellomo, Sergeant Jeffrey Fallon, Francisco Rosario, Rolando Aleman, Captain William F. Walsh, Inspector Jeremiah Quinlan, Thomas Wiese, Louis Matarazzo, William Pagan, Frank Birnbaum, Michael Immitt, Marcella Makebish, Patrick O'Sullivan on 9/8/98. Answer due on 9/28/98. Galeano, Sonia (Entered: 09/09/1998)

Sept. 8, 1998

Sept. 8, 1998

PACER
7

Amended RETURN OF SERVICE executed as to Patrick O'Sullivan on 8/28/98. Answer due on 9/17/98 for Patrick O'Sullivan. (Reddy, Lisa) Modified on 09/14/1998 (Entered: 09/14/1998)

Sept. 14, 1998

Sept. 14, 1998

PACER
8

Amended RETURN OF SERVICE executed as to Michael Immitt on 8/28/98. Answer due on 9/17/98 for Michael Immitt. (Reddy, Lisa) Modified on 09/14/1998 (Entered: 09/14/1998)

Sept. 14, 1998

Sept. 14, 1998

PACER
9

Amended RETURN OF SERVICE executed as to Marcella Makebish on 8/28/98. Answer due on 9/17/98 for Marcella Makebish. (Reddy, Lisa) (Entered: 09/14/1998)

Sept. 14, 1998

Sept. 14, 1998

PACER
10

Amended RETURN OF SERVICE executed as to William Pagan on 8/28/98. Answer due on 9/17/98 for William Pagan. (Reddy, Lisa) (Entered: 09/14/1998)

Sept. 14, 1998

Sept. 14, 1998

PACER
11

Amended RETURN OF SERVICE executed as to Frank Birnbaum on 8/28/98. Answer due on 9/17/98 for Frank Birnbaum. (Reddy, Lisa) (Entered: 09/14/1998)

Sept. 14, 1998

Sept. 14, 1998

PACER
12

Amended RETURN OF SERVICE executed as to Thomas Wiese on 8/28/98. Answer due on 9/17/98 for Thomas Wiese. (Reddy, Lisa) (Entered: 09/14/1998)

Sept. 14, 1998

Sept. 14, 1998

PACER
13

Amended RETURN OF SERVICE executed as to Louis Matarazzo on 8/28/98. Answer due on 9/17/98 for Louis Matarazzo. (Reddy, Lisa) (Entered: 09/14/1998)

Sept. 14, 1998

Sept. 14, 1998

PACER
14

Amended RETURN OF SERVICE executed as to Jeremiah Quinlan on 8/31/98. Answer due on 9/20/98 for Jeremiah Quinlan. (Reddy, Lisa) (Entered: 09/14/1998)

Sept. 14, 1998

Sept. 14, 1998

PACER
15

Amended RETURN OF SERVICE executed as to William F. Walsh on 8/31/98. Answer due on 9/20/98 for William F. Walsh. (Reddy, Lisa) (Entered: 09/14/1998)

Sept. 14, 1998

Sept. 14, 1998

PACER
16

Amended RETURN OF SERVICE executed as to Rolando Aleman on 9/1/98. Answer due on 9/21/98 for Rolando Aleman. (Reddy, Lisa) (Entered: 09/14/1998)

Sept. 14, 1998

Sept. 14, 1998

PACER
17

Amended RETURN OF SERVICE executed as to Jeffrey Fallon on 9/2/98. Answer due on 9/22/98 for Jeffrey Fallon. (Reddy, Lisa) (Entered: 09/14/1998)

Sept. 14, 1998

Sept. 14, 1998

PACER
18

Amended RETURN OF SERVICE executed as to Francisco Rosario on 8/28/98. Answer due on 9/17/98 for Francisco Rosario. (Reddy, Lisa) (Entered: 09/14/1998)

Sept. 14, 1998

Sept. 14, 1998

PACER
19

Amended RETURN OF SERVICE executed as to Michael Bellomo on 8/28/98. Answer due on 9/17/98 for Michael Bellomo. (Reddy, Lisa) (Entered: 09/14/1998)

Sept. 14, 1998

Sept. 14, 1998

PACER
20

Amended RETURN OF SERVICE executed as to Thomas Bruder on 8/28/98. Answer due on 9/17/98 for Thomas Bruder. (Reddy, Lisa) (Entered: 09/14/1998)

Sept. 14, 1998

Sept. 14, 1998

PACER
21

Amended RETURN OF SERVICE executed as to Charles Schwarz on 8/28/98. Answer due on 9/17/98 for Charles Schwarz. (Reddy, Lisa) (Entered: 09/14/1998)

Sept. 14, 1998

Sept. 14, 1998

PACER
22

Amended RETURN OF SERVICE executed as to Patrolmen's Benevolent Assoc. of the City of NY on 8/28/98. Answer due on 9/17/98 for Patrolmen's Benevolent Assoc. (Reddy, Lisa) (Entered: 09/14/1998)

Sept. 14, 1998

Sept. 14, 1998

PACER
23

Amended RETURN OF SERVICE executed as to Justin Volpe on 8/28/98. Answer due on 9/17/98 for Justin Volpe. (Reddy, Lisa) (Entered: 09/14/1998)

Sept. 14, 1998

Sept. 14, 1998

PACER
24

LETTER dated 9/8/98 from Marvyn M. Kornberg to Peter J. Neufeld, advising that to date, defendant Volpe has not been served with any papers in order for him to make a determination as to who he will seek to represent him in this matter. (Reddy, Lisa) (Entered: 09/14/1998)

Sept. 14, 1998

Sept. 14, 1998

PACER
25

Calendar entry: before Judge Johnson on 9/18/98 pre-trial conference. Court reporter Tony Mancuso. (Guzzi, Roseann) (Entered: 09/22/1998)

Sept. 18, 1998

Sept. 18, 1998

PACER
29

Calendar entry:Before Mag Pollak Initial Conf. Deft's seeking representation by Corp. Counsel need to make their applications by 9/25/98. Corp. counsel to respond by 10/2/98. Pltff's to submit papers on representation/ conflict and discovery issues by 9/25/98 Responses due 10/9/98 Reply 10/14/98 (Jackson, Ramona) (Entered: 09/29/1998)

Sept. 18, 1998

Sept. 18, 1998

PACER
26

ORDER dtd. 8/31/98 All discovery stayed to 60 days following the answer to complaint The City of NY shall have 60 days to answer ( See docuemnt for all other orders) ( signed by Judge Sterling Johnson Jr. ) (Jackson, Ramona) (Entered: 09/23/1998)

Sept. 23, 1998

Sept. 23, 1998

PACER
27

LETTER dated 8/21/98 from Georgia Pestana to Judge Johnson (Jackson, Ramona) (Entered: 09/25/1998)

Sept. 25, 1998

Sept. 25, 1998

PACER
28

LETTER dated 9/8/98 from Marvyn M.Kronberg to Peter Neufeld conf. for 9/18/98. (Jackson, Ramona) (Entered: 09/29/1998)

Sept. 29, 1998

Sept. 29, 1998

PACER
30

Letter dtd. 9/25/98 MOTION by Abner Louima, Micheline Louima to compel deft. City to disclose now & continue names of personnel whose employment status affected. Counsel to produce relevant information, attorney conflict, so that parties will be in a better position to determine appropriate remedies. Any challenge of sufficiency of service., Motion hearing [30-1] motion (Jackson, Ramona) (Entered: 10/01/1998)

Oct. 1, 1998

Oct. 1, 1998

PACER
31

LETTER dated 9/23/98 from Marvyn Kornberg to Mag Pollak regarding discovery ; expedite the appointment of non conflict counsel. (Jackson, Ramona) (Entered: 10/05/1998)

Oct. 5, 1998

Oct. 5, 1998

PACER
32

RETURN OF SERVICE executed as to Thomas Wiese, William F. Walsh 9/25/98 (Jackson, Ramona) (Entered: 10/06/1998)

Oct. 6, 1998

Oct. 6, 1998

PACER
33

ORDER dtd. 10/5/98 Request GRANTED. On ltr. dtd. 10/2/98 from Lawrence S Kahn Request time to make determination as to representation of these three deft's to 10/5/98. ( signed by Magistrate Cheryl L. Pollak ) (Jackson, Ramona) (Entered: 10/13/1998)

Oct. 13, 1998

Oct. 13, 1998

PACER
34

LETTER dated 10/2/98 from Laura A Brevetti to Mag Pollak PBA does not object to some sort of Curcio-type proceeding at which individual deft's can indicate their understanding of "potentail" conflict issues. (Jackson, Ramona) (Entered: 10/13/1998)

Oct. 13, 1998

Oct. 13, 1998

PACER
35

LETTER dated 10/5/98 from Lawrnece S Kahn to Mag Pollak advise Corp. Counsel will not represent M.Immitt, M.Makebish and P.O'Sullivan in this action. (Jackson, Ramona) (Entered: 10/13/1998)

Oct. 13, 1998

Oct. 13, 1998

PACER
36

ORDER dtd. 10/9/98 Request GRANTED. On ltr. dtd. 10/8/98 from Lawrence S Kahn Time to submit a response to the 9/25/98 letter be extended to 10/16/98. ( signed by Magistrate Cheryl L. Pollak ) (Jackson, Ramona) (Entered: 10/13/1998)

Oct. 13, 1998

Oct. 13, 1998

PACER
37

NOTICE of attorney appearance for Michael Bellomo by John D Patten (Jackson, Ramona) (Entered: 11/02/1998)

Nov. 2, 1998

Nov. 2, 1998

PACER
38

TRANSCRIPT filed for conf. before Judge Johnson for dates of 9/18/98 (Jackson, Ramona) (Entered: 11/02/1998)

Nov. 2, 1998

Nov. 2, 1998

PACER
39

LETTER dated 10/8/98 from Lawrnece S Kahn request time to submit a response to 9/25/98 letter be extended to Oct. 16,1998. Pltff's counsel has consented to this extension. (Jackson, Ramona) (Entered: 11/02/1998)

Nov. 2, 1998

Nov. 2, 1998

PACER
40

LETTER dated 10/13/98 from Barry C Scheck to Mag Pollak regarding Brevetti letter dtd. 10/2/98. (Jackson, Ramona) (Entered: 11/02/1998)

Nov. 2, 1998

Nov. 2, 1998

PACER
41

ORDER dtd. 10/16/98 Extension extension to Oct. 23,1998, to respond to pltff's application for an order requiring the City to identify police officers subjected to advserse employment action as a result of the incident. ( signed by Magistrate Cheryl L. Pollak ) (Jackson, Ramona) (Entered: 11/02/1998)

Nov. 2, 1998

Nov. 2, 1998

PACER
42

LETTER dated 10/16/98 from Laura Brevetti to Mag Pollak reply brief to Oct 13,1998 letter submitted on behalf of pltff's by Barry Scheck. (Jackson, Ramona) (Entered: 11/02/1998)

Nov. 2, 1998

Nov. 2, 1998

PACER
43

ORDER dtd. 10/26/98 Request GRANTED. This court will hold the stip., pending a letter from counsel to the"John Doe" deft's. On ltr. dtd. 10/26/98 from Malcolm Lewin ( signed by Magistrate Cheryl L. Pollak ) (Jackson, Ramona) (Entered: 11/02/1998)

Nov. 2, 1998

Nov. 2, 1998

PACER

TRANSCRIPT filed for Conf. before Mag Pollak for dates of 9/18/98 See document # 11 CV 98 5082 (Jackson, Ramona)

Nov. 2, 1998

Nov. 2, 1998

PACER
44

LETTER dated 10/23/98 from Lawrence S Kahn to Mag Pollak regarding J.Quinlan and W.F.Walsh, response to pltff's letter dtd. 9/25/98 (Jackson, Ramona) (Entered: 11/03/1998)

Nov. 3, 1998

Nov. 3, 1998

PACER
45

UNSIGNED stip. filed (Jackson, Ramona) (Entered: 11/03/1998)

Nov. 3, 1998

Nov. 3, 1998

PACER
46

ORDER dtd. 10/29/98 Request GRANTED On ltr. dtd. 10/29/98 from Paul B.Bergman step in on behalf of "John Doe" deft's. No objection to request, is that your honor hold in abeyance, until Nov. 3, signing the stip. ( signed by Magistrate Cheryl L. Pollak ) (Jackson, Ramona) (Entered: 11/04/1998)

Nov. 4, 1998

Nov. 4, 1998

PACER
47

ORDER dtd. 11/6/98 Request GRANTED. On ltr. dtd. 11/6/98 from Paul B.Bergman concerning whether or not to bring adm. charges against "John Doe". Request the previously submitted stip. be placed on hold until then ( signed by Magistrate Cheryl L. Pollak ) (Jackson, Ramona) (Entered: 11/10/1998)

Nov. 10, 1998

Nov. 10, 1998

PACER
48

LETTER dated 10/30/98 from Lawrence S Kahn to Mag Pollak will also be representing W.Pagan & F.Birnbaum. (Jackson, Ramona) (Entered: 11/16/1998)

Nov. 16, 1998

Nov. 16, 1998

PACER
49

LETTER dated 11/19/98 from Paul B Bergman to Mag Pollak representation of "John Doe" has ceased. (Jackson, Ramona) (Entered: 11/30/1998)

Nov. 30, 1998

Nov. 30, 1998

PACER
50

ORDER dtd. 11/19/98, to show cause why an order should not be entered 1) precluding deft's from filing objections based on improper service. 2)extending time to effect proper service, until 120 days after the conclusion of the criminal proceeding. Returnable 11/25/98 ( signed by Magistrate Cheryl L. Pollak ) (Jackson, Ramona) (Entered: 12/02/1998)

Dec. 2, 1998

Dec. 2, 1998

PACER
51

LETTER dated 11/24/98 from Peter J Neufeld to Mag Pollak regarding counsels to OTSC dtd. 11/19/98. (Jackson, Ramona) (Entered: 12/03/1998)

Dec. 3, 1998

Dec. 3, 1998

PACER
52

FIRST AMENDED COMPLAINT by Abner Louima, Micheline Louima, (Answer due 12/14/98 for William Woes, for Richard Roes, for John Does, for Patrick O'Sullivan, for Marcella Makebish, for Michael Immitt, for Frank Birnbaum, for William Pagan, for Louis Matarazzo, for Thomas Wiese, for Jeremiah Quinlan, for William F. Walsh, for Rolando Aleman, for Francisco Rosario, for Jeffrey Fallon, for Michael Bellomo, for Thomas Bruder, for Charles Schwarz, for Justin Volpe, for Patrolmen's Bene, for New York City Police, for City of New York ) amending [1-1] complaint against Peter Blaich (Jackson, Ramona) (Entered: 12/04/1998)

Dec. 4, 1998

Dec. 4, 1998

PACER
53

RETURN OF SERVICE executed as to Francisco Rosario, Rolando Aleman, Peter Blaich 12/4/98 Answer due on 12/14/98 Amended Complaint (Jackson, Ramona) (Entered: 12/08/1998)

Dec. 8, 1998

Dec. 8, 1998

PACER
54

AFFIDAVIT of Service by Abner Louima, Micheline Louima Re: [52-1] amended complaint (Jackson, Ramona) (Entered: 12/08/1998)

Dec. 8, 1998

Dec. 8, 1998

PACER
55

ORDER ( signed by Magistrate Cheryl L. Pollak ) (Jackson, Ramona) (Entered: 12/08/1998)

Dec. 8, 1998

Dec. 8, 1998

PACER
56

STIPULATION and ORDER dtd. 12/3/98 Each claimant may commence an action with respect to this claim in advance or an oral or physical examination. All discovery as to all parties stayed until after The City answers. ( See document as to all other orders) signed by Magistrate Cheryl L. Pollak (Jackson, Ramona) (Entered: 12/17/1998)

Dec. 17, 1998

Dec. 17, 1998

PACER
57

NOTICE of attorney appearance for Peter Blaich by Steven Lloyd Brounstein (Glenn, Marilyn) (Entered: 12/24/1998)

Dec. 21, 1998

Dec. 21, 1998

PACER
58

STIPULATION and ORDER dtd. 1/29/98 City shall disclose to pltff's the nemes and related information sought in pltff's letter dtd. 9/25/98. Pltff's request for disclosure of all officers whose employment status was, but no longer continued to be, adversely affected, in connection with incident, is WITHDRAWN without prejudice to their right to renew sixty days after City deft's have answered the complaint. signed by Magistrate Cheryl L. Pollak (Jackson, Ramona) (Entered: 02/08/1999)

Feb. 8, 1999

Feb. 8, 1999

PACER
59

Calendar entry:,Before Mag Pollak Civil Conf. Discovery is stayed pending conf.on Sept. Mr Bellwich to file papers on proposed disclosure order by Aug. 5,1999. Response 8/9/99 No formal or informal discovery is to occur in the interim absent a request to this court with notice to counsel for all parties. Pltff. and the City are to make available copies of photos taken of the precinct to all counsel and the City is to permit inspection of the precinct house by counsel requesting that opportunity. The City is to notify the court of any proposed renovations and the timing of said renovations; copies to counsel. set scheduling conference for 1:30 9/17/99 before Magistrate-Judge Cheryl L. Pollak, terminated past due deadlines (Jackson, Ramona) (Entered: 08/04/1999)

July 30, 1999

July 30, 1999

PACER
62

TRANSCRIPT filed for [59-1] proceedings held before Magistrate-Judge Cheryl L. Pollak on 7/30/99. Court reporter: Burton Sulzer. (Asreen, Wendy) (Entered: 08/20/1999)

Aug. 13, 1999

Aug. 13, 1999

PACER
60

LETTER dated 8/5/99 from Lawrence S. Kahn to Magistrate Judge Pollak, re: the letter of Joseph T. Belevich dated 8/4/99 requesting that the proposed stipulation requiring disclosure of the identity of certain officers be amanded to require that Mr. Belevich's clients be provided with a report setting forth the basis for the charges against each officer and audio tapes of certain interviews. (Reddy, Lisa) (Entered: 08/18/1999)

Aug. 18, 1999

Aug. 18, 1999

PACER
61

LETTER dated 8/4/99 from Joseph T. Belevich to Magistrate Judge Pollak, requesting that the discovery stipulation be amended to include copies of the report setting forth the basis for the charges against each officer, and the audio tapes of the PG 118-9 interviews during ehich it is alleged that each officer made false statements. (Reddy, Lisa) (Entered: 08/18/1999)

Aug. 18, 1999

Aug. 18, 1999

PACER
63

ORDER Request to adjourn is Granted. Conf. reset for 10/5/99 @ 1:00. On ltr. dtd. 9/15/99 from Lawrence S Kahn ( signed by Magistrate-Judge Cheryl L. Pollak, on 9/15/99) (Jackson, Ramona) (Entered: 09/17/1999)

Sept. 17, 1999

Sept. 17, 1999

PACER
64

NOTICE of attorney appearance for Francisco Rosario by Richard Ware Levitt (Jackson, Ramona) (Entered: 09/20/1999)

Sept. 20, 1999

Sept. 20, 1999

PACER
65

STIPULATION and ORDER The City shall identify all police officers not herein identified against whom disciplinary charges are pending related to the Louima incident. ( signed by Magistrate-Judge Cheryl L. Pollak, on 9/23/99) (Jackson, Ramona) (Entered: 09/27/1999)

Sept. 27, 1999

Sept. 27, 1999

PACER
66

LETTER dated 7/21/99 from Peter J Neufeld to Mag Pollak regarding additional police officers have had additional charges filed against them. (Jackson, Ramona) (Entered: 09/27/1999)

Sept. 27, 1999

Sept. 27, 1999

PACER
67

Calendar entry:Before Mag Pollak Parties to circulate stip. re repairs listed in City's Oct. 4 letter by Oct. 15. Pltff. to notify court re: amendment to complaint by Oct 15. Discovery continues to be stayed pending criminal proceedings. (Jackson, Ramona) (Entered: 10/08/1999)

Oct. 5, 1999

Oct. 5, 1999

PACER
68

LETTER dated 10/4/99 from Lawrence S Kahn to Judge Pollak intentions to raise at tomorrow's conf. the Police Dept's need to proceed with the repairs to the 70th precinct that are listed in the attached memo. (Jackson, Ramona) (Entered: 10/08/1999)

Oct. 8, 1999

Oct. 8, 1999

PACER

--------------------------------------------------------- TRANSCRIPT of pretrial conference before Magistrate Pollak filed for dates of 10/5/99. Court Reporter S. Silverman. (filed in 98CV5082, document #20). (Greves, Liz)

Oct. 14, 1999

Oct. 14, 1999

PACER
69

LETTER dated 10/18/99 from Lawrence S Kahn to Mag Pollak request the court so order enclosed stip. (Jackson, Ramona) (Entered: 10/22/1999)

Oct. 22, 1999

Oct. 22, 1999

PACER
70

STIPULATION and ORDER do not object to the performance by the Police Dept. of the repairs to the 70th precinct listed in the memo. attached. Will not object to a visit to the 70th precinct by the juries in the trials of these actions on the ground that the repairs listed in Exhibit A have been made. ( signed by Magistrate-Judge Cheryl L. Pollak, on 10/19/99) (Jackson, Ramona) (Entered: 10/22/1999)

Oct. 22, 1999

Oct. 22, 1999

PACER
71

LETTER dated 10/20/99 from Lawrence S Kahn to Mag.Pollak The City should not be denied the right to depose Mr Antoine. (Jackson, Ramona) (Entered: 10/25/1999)

Oct. 25, 1999

Oct. 25, 1999

PACER
72

LETTER dated 10/19/99 from Peter J Neufeld to Mag Pollak will decided on amended complaint by middle of Nov. (Jackson, Ramona) (Entered: 10/27/1999)

Oct. 27, 1999

Oct. 27, 1999

PACER
79

LETTER dated 10/21/99 from James Meyerson, Esq., to Magistrate Pollak, in response to Lawrence Kahn's letter of 10/20/99 and now providing additional comments. (Asreen, Wendy) (Entered: 02/25/2000)

Oct. 27, 1999

Oct. 27, 1999

PACER
73

NOTICE of Settlement dtd. 11/10/99 by New York City Police, City of New York (Jackson, Ramona) (Entered: 11/15/1999)

Nov. 15, 1999

Nov. 15, 1999

PACER
74

ORDER NY City Police Dept. may proceed with the repairs set forth in exhibit A hereto. ( signed by Magistrate Cheryl L. Pollak, on 11/10/99) (Jackson, Ramona) (Entered: 11/15/1999)

Nov. 15, 1999

Nov. 15, 1999

PACER
75

LETTER dated 11/10/99 from Lawrence S Kahn to Mag Pollak enclosed proposed order permitting Police Dept.to proceed with the repairs. (Jackson, Ramona) (Entered: 11/16/1999)

Nov. 16, 1999

Nov. 16, 1999

PACER
76

NOTICE of attorney appearance for Francisco Rosario by Raymond Granger (Jackson, Ramona) (Entered: 02/10/2000)

Feb. 10, 2000

Feb. 10, 2000

PACER
77

NOTICE of attorney appearance for Patrolmen's Bene by Scott Sonny Balber (Jackson, Ramona) (Entered: 02/24/2000)

Feb. 24, 2000

Feb. 24, 2000

PACER
78

ORDER Francisco Rosario filed a motion seeking to hold "PBA" in contempt for its refusal to pay reasonable atty's fees and costs of Rosario's counsel. Following schedule: 1) PBA response to motion 2/29/2000; Rosario reply 3/2/2000; Hearing for March 3,2000 @ 2:00. ( signed by Magistrate Cheryl L. Pollak, on 2/15/00) (Jackson, Ramona) (Entered: 02/24/2000)

Feb. 24, 2000

Feb. 24, 2000

PACER
80

ORDER, set scheduling conference for 2:00 3/16/00 before Magistrate Cheryl L. Pollak, Reply to March 10,2000 On ltr. dtd. 2/24/2000 from Raymons R.Granger terminated past due deadlines ( signed by Magistrate Cheryl L. Pollak, on 2/24/00) (Jackson, Ramona) (Entered: 02/28/2000)

Feb. 28, 2000

Feb. 28, 2000

PACER
81

MOTION by Francisco Rosario for a factual certification and an OTSC why the PBA should not be held in contempt; or, in the alternative, for an order compellilng the PBA to pay attorney's fees and expenses, and requesting the District Court to appoint a Special Master., Motion hearing [81-1] motion (Jackson, Ramona) (Entered: 03/01/2000)

March 1, 2000

March 1, 2000

PACER
82

MEMORANDUM by Francisco Rosario in support of [81-1] motion for a factual certification and an OTSC why the PBA should not be held in contempt; or, in the alternative, for an order compellilng the PBA to pay attorney's fees and expenses, and requesting the District Court to appoint a Special Master. (Jackson, Ramona) (Entered: 03/01/2000)

March 1, 2000

March 1, 2000

PACER
83

NOTICE / Consent to Change attorney for Patrolmen's Bene (Jackson, Ramona) (Entered: 03/02/2000)

March 2, 2000

March 2, 2000

PACER
84

LETTER dated 2/24/00 from Raymond R.Granger to Mag Pollak request a hearing on francisco Rosario's motion be adjourned to March 16,2000. (Jackson, Ramona) (Entered: 03/03/2000)

March 3, 2000

March 3, 2000

PACER
88

AFFIDAVIT by Justin Volpe Re:in support of request to have PBA to fund legal defense. in both criminal & civil proceedings (Jackson, Ramona) (Entered: 03/28/2000)

March 14, 2000

March 14, 2000

PACER
89

Affirmation of SCOTT S. BALBER Patrolmen's Bene Re: in opposition to Justin Volpe's motion for contempt or, in the alternative, for an order directing the PBA to pay atty's fees and expenses. (Jackson, Ramona) (Entered: 03/28/2000)

March 15, 2000

March 15, 2000

PACER
92

Calendar entry:Before Mag Pollak Civil Conf. Arguments on motions for contempt held. Deft's are given one week to confer with the PBA in an effort to resolve the fee issue. set for 9:30 4/5/00 on before Magistrate Cheryl L. Pollak for [81-1] motion Parties to appear to address scheduling and other issues. Counsel for the PBA to notify the court in writing of its position by 3/24/. The motions will be held in abeyance until themder compellilng the PBA to pay attorney's fees and expenses, and requesting the District Court to appoint a Special Master. (Jackson, Ramona) (Entered: 04/05/2000)

March 16, 2000

March 16, 2000

PACER
87

MEMORANDUM by Patrolmen's Bene in opposition to [81-1] Justin Volpe's motion for contempt or in the alternative for an order directing the PBA to pay atty's fees and expenses. (Jackson, Ramona) (Entered: 03/28/2000)

March 18, 2000

March 18, 2000

PACER
85

REPLY MEMORANDUM OF LAW by Francisco Rosario in further support [81-1] motion for a factual certification and an OTSC why the PBA should not be held in contempt; or, in the alternative, for an order compellilng the PBA to pay attorney's fees and expenses, and requesting the District Court to appoint a Special Master. (Jackson, Ramona) (Entered: 03/22/2000)

March 22, 2000

March 22, 2000

PACER
86

MEMORANDUM by Patrolmen's Bene in opposition to deft. Justin Volpe's motion for contempt or, in the alternatiove, for an order directing the pBA to pay atty's fees and expenses. (Jackson, Ramona) Modified on 03/28/2000 (Entered: 03/28/2000)

March 28, 2000

March 28, 2000

PACER
90

LETTER dated 3/24/00 from Michael T Murray to Mag Pollak advise your honor of result s of Law Committe Meeting regarding funding requests. (Jackson, Ramona) (Entered: 03/28/2000)

March 28, 2000

March 28, 2000

PACER

LETTER dated 3/21/2000 from Raymond R Granger to PBA regarding funding issues. see document # 59 CV 99 608 (Jackson, Ramona)

March 29, 2000

March 29, 2000

PACER
91

LETTER dated 3/28/2000 from Thomas Michael Laquercia to Mag Pollak in conclusion, PBA as a co-deft. is in conflict with its own membership on trial in this action and must be estopped from raising any limitations on the defense costs for its membership except as to reasonableness. (Jackson, Ramona) (Entered: 04/04/2000)

April 4, 2000

April 4, 2000

PACER
93

Calendar entry:Before Mag Pollak Civil Conf. (see order) (Jackson, Ramona) (Entered: 04/11/2000)

April 5, 2000

April 5, 2000

PACER
94

LETTER dated 4/4/2000 from Raymond R.Granger to Mag Pollak response to PBA'S letter to the court dtd. 3/24/2000, concerning the recent meetings held between various defense counsel and the PBA'S Law Committee. (Jackson, Ramona) (Entered: 04/11/2000)

April 11, 2000

April 11, 2000

PACER
95

ORDER set at 2:00 4/28/00 on before Magistrate Cheryl L. Pollak for [81-1] motion for a factual certification and an OTSC why the PBA should not be held in contempt; or, in the alternative, for an order compellilng the PBA to pay attorney's fees and expenses, and requesting the District Court to appoint a Special Master. The PBA is directed to produce former PBA counsel laura Brevetti to testify regarding her representation on fee & conflict issue. Individual deft. Officers shall serve any requests for documents and/ or interrogatories April 12,20000. PBA's response April 19,2000. (see document for all other orders) ( signed by Magistrate Cheryl L. Pollak, on 4/11/2000) (Jackson, Ramona) (Entered: 04/12/2000)

April 12, 2000

April 12, 2000

PACER
96

LETTER dated 4/12/2000 from Raymond R.Granger to Mag Pollak enclosed copies of interrogatories and document requests served on PBA pursuant to instructions dtd. 4/5/2000. (Jackson, Ramona) (Entered: 04/18/2000)

April 18, 2000

April 18, 2000

PACER

Case Details

State / Territory: New York

Case Type(s):

Policing

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 6, 1998

Closing Date: 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Man alleging brutal assault by police officers and subsequent alleged cover-up conspiracy by the officers

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

New York Police Department, City

Patrolmen's Benevolent Association of the City of New York (New York), Private Entity/Person

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Issues

General:

Excessive force

Failure to discipline

Failure to supervise

Failure to train

False arrest

Inadequate citizen complaint investigations and procedures

Racial profiling

Discrimination-basis:

Race discrimination