Case: Barry v. City of New York

1:11-cv-05533 | U.S. District Court for the Eastern District of New York

Filed Date: Nov. 14, 2011

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On November 14, 2011, two photographers asked by police for IDs after they took pictures in the subway filed a lawsuit in the U.S. District Court for the Eastern District of New York, against the City of New York and the New York City Transit Authority, under 42 U.S.C. § 1983. The plaintiffs, represented by attorneys from the ACLU of New York State (NYCLU), sought declaratory and monetary relief, alleging false arrest, assault, and battery, in violation of their rights under the First, Fourth, …

On November 14, 2011, two photographers asked by police for IDs after they took pictures in the subway filed a lawsuit in the U.S. District Court for the Eastern District of New York, against the City of New York and the New York City Transit Authority, under 42 U.S.C. § 1983. The plaintiffs, represented by attorneys from the ACLU of New York State (NYCLU), sought declaratory and monetary relief, alleging false arrest, assault, and battery, in violation of their rights under the First, Fourth, and Fourteenth Amendments of the United States Constitution. Specifically, the plaintiffs alleged that the transit authority's ID rule was unconstitutional because it was vague and prone to arbitrary enforcement.

On March 19, 2012, the City (but not the Transit Authority) made an Offer of Judgment to the plaintiffs, offering them compensatory damages in sum of $7,502 plus reasonable attorneys' fees and costs. The plaintiffs accepted the offer on April 2, 2012, thus releasing and discharging the City from the suit. The District Court (Judge Cheryl L. Pollak) consented to the Offer of Judgment and its acceptance.

One of the plaintiffs then withdrew participation in the lawsuit, but the other remained; the Transit Authority remained as a defendant. On March 23, 2013, the District Court (Judge Pollak) granted the plaintiff's motion for summary judgment and denied the Transit Authority's motion to dismiss the case. The Court declared that the ID rule of New York City Transit Authority was unconstitutionally vague, both facially and as applied. Judge Pollak found that the ID rule, which had criminal applications, did not provide sufficient definiteness for ordinary people to understand what conduct is prohibited and that it failed to discourage arbitrary and discriminatory enforcement. In addition, she ruled, the ID rule reached a substantial amount of constitutionally protected conduct. Barry v. City of New York, 2013 WL 1182083 (S.D. N.Y. 2013). The Transit Authority filed a notice of appeal to the Second Circuit.

On May 8, 2013, the plaintiff and the Transit Authority settled the remainder of the case. The New York City Transit agreed to pay attorneys' fees and litigation costs in sum of $14,500 to the plaintiff and to withdraw its appeal of the District Court's March 21, 2013 order. This ended the case.

Summary Authors

Emma Bao (5/28/2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4321314/parties/barry-v-city-of-new-york/


Judge(s)
Attorney for Plaintiff

Angelos, Claudia (New York)

Dunn, Christopher (New York)

Eisenberg, Arthur (New York)

Attorney for Defendant

Castro, Johana (New York)

Copertino, Carl Joseph (New York)

Documents in the Clearinghouse

Documents in this case

1:11-cv-05533

Docket [PACER]

May 9, 2013

May 9, 2013

Docket
1

1:11-cv-05533

Complaint

Nov. 14, 2011

Nov. 14, 2011

Complaint

2011 WL 5829578

25

1:11-cv-05533

Judgment Pursuant to Rule 68

May 15, 2012

May 15, 2012

Order/Opinion
50

1:11-cv-05533

Order

Aug. 6, 2012

Aug. 6, 2012

Order/Opinion
64

1:11-cv-05533

Memorandum and Order

March 21, 2013

March 21, 2013

Order/Opinion

933 F.Supp.2d 416

75

1:11-cv-05533

Stipulation and Order of Settlement

May 8, 2013

May 8, 2013

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4321314/barry-v-city-of-new-york/

Last updated Nov. 2, 2026, 9:53 p.m.

Docket for: Barry v. City of New York
ECF Number Date Description Link
1 Nov. 14, 2011

COMPLAINT against All Defendants Disclosure Statement on Civil Cover Sheet completed -no,, filed by Michael Burkhart, Ernest Steve Barry. (Attachments: # 1 Civil Cover Sheet) (Bowens, Priscilla) (Entered: 11/15/2011)

1 Civil Cover Sheet

View on PACER

RECAP
Nov. 14, 2011

FILING FEE: $ 350, receipt number 4653036339 (Bowens, Priscilla)

Nov. 14, 2011

Summons Issued as to All Defendants. (Bowens, Priscilla)

2 Nov. 16, 2011

SCHEDULING ORDER: Initial Status Conference is set for 12/28/2011 at 10:00 AM in Chambers 704S. SEE ATTACHED MANDATORY REQUIREMENTS FOR CONFERENCE. Ordered by Judge Brian M. Cogan on 11/16/2011. (Weisberg, Peggy) (Main Document 2 replaced on 11/17/2011) (Clarke, Melonie). (Entered: 11/16/2011)

RECAP
3 Nov. 30, 2011

SUMMONS Returned Executed by Michael Burkhart, Ernest Steve Barry. City of New York served on 11/16/2011, answer due 12/7/2011. (Angelos, Claudia) (Entered: 11/30/2011)

RECAP
4 Nov. 30, 2011

SUMMONS Returned Executed by Michael Burkhart, Ernest Steve Barry. Steven Dutes served on 11/16/2011, answer due 12/7/2011. (Angelos, Claudia) (Entered: 11/30/2011)

RECAP
5 Nov. 30, 2011

SUMMONS Returned Executed by Michael Burkhart, Ernest Steve Barry. New York City Transit Authority served on 11/17/2011, answer due 12/8/2011. (Angelos, Claudia) (Entered: 11/30/2011)

RECAP
6 Nov. 30, 2011

NOTICE of Appearance by Johana Castro on behalf of City of New York (aty to be noticed) (Castro, Johana) (Entered: 11/30/2011)

RECAP
7 Dec. 6, 2011

NOTICE of Appearance by Claudia Angelos on behalf of Ernest Steve Barry, Michael Burkhart (aty to be noticed) (Angelos, Claudia) (Entered: 12/06/2011)

RECAP
8 Dec. 7, 2011

ANSWER to 1 Complaint by City of New York, Steven Dutes. (Castro, Johana) (Entered: 12/07/2011)

RECAP
9 Dec. 8, 2011

ANSWER to 1 Complaint by New York City Transit Authority. (Schoolman, Richard) (Entered: 12/08/2011)

RECAP
10 Dec. 8, 2011

AMENDED ANSWER to 1 Complaint by New York City Transit Authority. (Schoolman, Richard) (Entered: 12/08/2011)

RECAP
11 Dec. 12, 2011

Letter Requesting Adjournment by Ernest Steve Barry, Michael Burkhart (Angelos, Claudia) (Entered: 12/12/2011)

RECAP
Dec. 12, 2011

ORDER granting 11 Letter Requesting Adjournment. Initial Status Conference adjourned to 1/17/2012 at 4:30 pm in Chambers 704S. Parties are reminded to comply with the mandatory requirements for the conference set forth at 2 . Ordered by Judge Brian M. Cogan on 12/12/2011. (Weisberg, Peggy)

12 Dec. 20, 2011

CASE MANAGEMENT STATEMENT Joint Proposed Case Management Plan (Angelos, Claudia) (Entered: 12/20/2011)

RECAP
13 Jan. 12, 2012

Letter Initial Joint Summary of Claims and Defenses by Ernest Steve Barry, Michael Burkhart, City of New York, Steven Dutes, New York City Transit Authority (Angelos, Claudia) (Entered: 01/12/2012)

RECAP
Jan. 18, 2012

MINUTE ENTRY for Initial Status Conference held before Judge Brian M. Cogan on 1/17/12. All parties present. Fact discovery must be completed by 4/16/12. See revised Civil Case Management Plan, which will be docketed separately, for details. (Weisberg, Peggy)

14 Jan. 19, 2012

Civil Case Management Plan is hereby adopeted. Ordered by Judge Brian M. Cogan on 1/17/2012. (Siegfried, Evan) (Entered: 01/19/2012)

RECAP
15 Jan. 19, 2012

ORDER. Law Student Intern Appearances are hereby granted. Ordered by Judge Brian M. Cogan on 1/17/2012. (Siegfried, Evan) (Main Document 15 replaced on 1/19/2012) (Siegfried, Evan). (Entered: 01/19/2012)

RECAP
16 April 5, 2012

NOTICE of Appearance by Carl Joseph Copertino on behalf of New York City Transit Authority (aty to be noticed) (Copertino, Carl) (Entered: 04/05/2012)

RECAP
April 18, 2012

SCHEDULING ORDER: Discovery in this matter having concluded, the parties are required to file a Joint Pretrial Order using the form posted on the Court's website by 5/9/2012. The parties are to simultaneously deliver to Chambers a set of those exhibits to which objection has been made, and those portions of deposition testimony that a party intends to offer and to which the adversary objects, both as reflected in the Joint Pretrial Order, so that the Court can rule on the objections at the Conference to the extent practicable. Final Pretrial Conference is set for 5/23/12 at 4:30 P.M. in Courtroom 8D South. Ordered by Judge Brian M. Cogan on 4/18/2012. (Weisberg, Peggy)

17 May 1, 2012

Letter MOTION to Adjourn Conference Application to Advance Date of Scheduled Conference and to Adjourn Date for Submission of Pre-Trial Order by New York City Transit Authority. (Copertino, Carl) (Entered: 05/01/2012)

RECAP
May 1, 2012

ORDER granting 17 Motion to Adjourn Conference. Pretrial Conference will be held on 5/11/12 at 2:30 pm in Courtroom 8D South; Joint Pretrial Order due by 5/7/12. The parties are to simultaneously deliver to Chambers a set of those exhibits to which objection has been made, and those portions of deposition testimony that a party intends to offer and to which the adversary objects, both as reflected in the Joint Pretrial Order, so that the Court can rule on the objections at the Conference to the extent practicable. Ordered by Judge Brian M. Cogan on 5/1/2012. (Weisberg, Peggy)

18 May 2, 2012

Letter MOTION to Stay Pending Settlement Negotiations by Ernest Steve Barry. (Dunn, Christopher) (Entered: 05/02/2012)

RECAP
May 2, 2012

ORDER denying 18 Motion to Stay. The parties appear to be suffering from some misconceptions. First, discovery is closed. See dkt 14 . No extension was requested during discovery and no grounds have been offered for a post-closure reinstitution of discovery. Second, the case is going to trial in short order. Third, this Court does not generally stay proceedings for settlement discussions, and sees no reason to here. The parties have had six months to settle this case, and can do it tomorrow if they want to. Fourth, the Court accelerated the final PTC because the TA asked it to. If the parties want to go back to the original schedule with the final PTC on 5/23, they should so advise the Court; otherwise, the current schedule stands. Ordered by Judge Brian M. Cogan on 5/2/2012. (Cogan, Brian)

19 May 4, 2012

Joint MOTION to Adjourn Conference by Ernest Steve Barry. (Dunn, Christopher) (Entered: 05/04/2012)

RECAP
20 May 4, 2012

NOTICE of Acceptance with Offer of Judgment by Michael Burkhart (Dunn, Christopher) (Entered: 05/04/2012)

RECAP
21 May 4, 2012

NOTICE of Acceptance with Offer of Judgment by Ernest Steve Barry (Dunn, Christopher) (Entered: 05/04/2012)

RECAP
May 4, 2012

ORDER granting 19 Motion to Adjourn Conference. Pretrial Conference reset to 5/23/12 at 4:30 pm in Courtroom 8D South; Joint Pretrial Order due 5/9/12. Parties are reminded to simultaneously deliver to Chambers a set of those exhibits to which objection has been made, and those portions of deposition testimony that a party intends to offer and to which the adversary objects, both as reflected in the Joint Pretrial Order, so that the Court can rule on the objections at the Conference to the extent practicable. Ordered by Judge Brian M. Cogan on 5/4/2012. (Weisberg, Peggy)

22 May 7, 2012

STIPULATION Consent to Magistrate Judge Trial by New York City Transit Authority (Copertino, Carl) (Entered: 05/07/2012)

RECAP
May 7, 2012

Case reassigned to Magistrate Judge Cheryl L. Pollak pursuant to Consent to Magistrate Judge Trial 22 . Judge Brian M. Cogan no longer assigned to case. (Gapinski, Michele)

23 May 8, 2012

CONSENT to Jurisdiction by US Magistrate Judge by Ernest Steve Barry, Michael Burkhart, City of New York, Steven Dutes, New York City Transit Authority. Case reassigned to Magistrate Magistrate Judge Cheryl L. Pollak (Siegfried, Evan) (Entered: 05/08/2012)

RECAP
May 8, 2012

ELECTRONIC SCHEDULING ORDER: A telephone conference is scheduled for 5/15/12 @ 2:30 PM before MJ Pollak. So Ordered by Magistrate Judge Cheryl L. Pollak on 5/8/2012. (Caggiano, Diana)

24 May 15, 2012

MINUTE ENTRY for Telephone \ Status Conference proceeding held before MJ Pollak on 5/15/2012. Plaintiffs to send 30(b)(6) notice; deposition(s) to be completed in 45 days. Plaintiff to send letter regarding Barry's position (platform or road bed) Telephone conference to motion schedule 7/11/12 @ 11:00 AM. (Caggiano, Diana) (Entered: 05/15/2012)

RECAP
25 May 18, 2012

JUDGMENT: Defendants City of New York and Police Officer Steven Dutes shall pay plaintiff Michael Burkhart the total sum of $2,501.00, pursuant to the Rule 68 Offer of Judgment. Ordered by Magistrate Judge Cheryl L. Pollak on 5/15/2012. (Brucella, Michelle) (Entered: 05/18/2012)

RECAP
26 May 18, 2012

JUDGMENT: Defendants City of New York and Police Officer Steven Dutes shall pay plaintiff Ernest Steve Barry the total sum of $5,001.00 pursuant to the Rule 68 Offer of Judgment. Ordered by Magistrate Judge Cheryl L. Pollak on 5/15/2012. (Brucella, Michelle) (Entered: 05/18/2012)

RECAP
27 May 29, 2012

NOTICE of Appearance by Mariko Hirose on behalf of All Plaintiffs (aty to be noticed) (Hirose, Mariko) (Entered: 05/29/2012)

RECAP
28 May 31, 2012

STIPULATION re 25 Judgment, 26 Judgment, by Ernest Steve Barry, Michael Burkhart (Hirose, Mariko) (Entered: 05/31/2012)

RECAP
29 May 31, 2012

Letter MOTION to Vacate 25 Judgment, 26 Judgment, by City of New York, Steven Dutes. (Castro, Johana) (Entered: 05/31/2012)

RECAP
30 June 1, 2012

STIPULATION AND ORDER re 28 So Ordered by Magistrate Judge Cheryl L. Pollak on 5/31/2012. (Caggiano, Diana) (Entered: 06/01/2012)

RECAP
31 June 1, 2012

RESPONSE to Motion re 29 Letter MOTION to Vacate 25 Judgment, 26 Judgment, filed by All Plaintiffs. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (Hirose, Mariko) (Entered: 06/01/2012)

RECAP
32 June 15, 2012

Letter MOTION for pre motion conference by Ernest Steve Barry. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Hirose, Mariko) (Entered: 06/15/2012)

RECAP
33 June 15, 2012

Letter MOTION to Expedite Conference to Resolve Dispute over Coverage of Plaintiff's Factual Concession Needed for Summary Judgment Motions by New York City Transit Authority. (Copertino, Carl) (Entered: 06/15/2012)

RECAP
34 June 18, 2012

Letter in response to the June 15, 2012 letter (docket entry no. 32) from plaintiffs attorney Mariko Hirose. by New York City Transit Authority (Copertino, Carl) (Entered: 06/18/2012)

RECAP
35 June 19, 2012

RESPONSE to Motion re 33 Letter MOTION to Expedite Conference to Resolve Dispute over Coverage of Plaintiff's Factual Concession Needed for Summary Judgment Motions, REPLY to Response to Motion re 32 Letter MOTION for pre motion conference filed by Ernest Steve Barry. (Hirose, Mariko) (Entered: 06/19/2012)

RECAP
June 19, 2012

ELECTRONIC SCHEDULING ORDER: The parties are hereby Ordered to appear for a conference on 6/27/12 @ 12:00 p.m. As a reminder, any request for an adjournment must be filed with the Court via ECF at least 48 hours in advance. So Ordered by Magistrate Judge Cheryl L. Pollak on 6/19/2012. (Gordon, Mike)

36 June 22, 2012

NOTICE of Appearance by Paige Ann Evans on behalf of New York City Transit Authority (aty to be noticed) (Evans, Paige) (Entered: 06/22/2012)

RECAP
37 June 22, 2012

Letter Hon. Cheryl L. Pollak, M.J. re: The time scheduled creates a conflict by New York City Transit Authority (Copertino, Carl) (Entered: 06/22/2012)

RECAP
38 June 25, 2012

ENDORSED LETTER - RESCHEDULING ORDER: re 37 Request granted. Conference adjourned to 6/27/12 @ 9:30 AM. So Ordered by Magistrate Judge Cheryl L. Pollak on 6/25/2012. (Caggiano, Diana) (Entered: 06/25/2012)

RECAP
39 June 27, 2012

MINUTE ENTRY for Status Conference proceeding helf before MJ Pollak on 6/27/12 re: 29 granted - parties to meet and confer. 32 Denied without prejudice to renew if forthcoming standing facial challenge motions are unsuccessful. 33 granted - conference held 6/27/12. City defendant and plaintiff to meet and confer regarding settlement papers and attorneys fees and present revised judgment. Transit Authority and plaintiff to file cross-motions: Motions due 7/23/12. Responses due 8/13/12. Replies 8/24/12. Oral argument 9/13/12 @ 11:00 AM. (Caggiano, Diana) (Entered: 06/27/2012)

RECAP
July 2, 2012

ELECTRONIC SCHEDULING ORDER: re 24 Status Conference, Telephone Conference. Given the briefing schedule set by the Court in the 6/27/12 conference, the telephone conference previously scheduled for 7/11/12 is unnecessary and adjourned sine die. So Ordered by Magistrate Judge Cheryl L. Pollak on 7/2/2012. (Gordon, Mike)

40 July 23, 2012

MOTION to Dismiss by New York City Transit Authority. (Schoolman, Richard) (Entered: 07/23/2012)

RECAP
41 July 23, 2012

MEMORANDUM in Support re 40 MOTION to Dismiss filed by New York City Transit Authority. (Schoolman, Richard) (Entered: 07/23/2012)

RECAP
42 July 23, 2012

DECLARATION re 41 Memorandum in Support, 40 MOTION to Dismiss of Debra Siedman Dewan by New York City Transit Authority (Schoolman, Richard) (Entered: 07/23/2012)

RECAP
43 July 23, 2012

DECLARATION re 42 Declaration, 41 Memorandum in Support, 40 MOTION to Dismiss by New York City Transit Authority (Attachments: # 1 Exhibit A: Complaint dated 11-14-11, # 2 Exhibit B: Transit Adjudication Bureau Violation No, 103416730, # 3 Exhibit C: Notice of Decision & Order, # 4 Exhibit D: pages 47,48,90,91 of E. Barry Transcript, # 5 Exhibit E; pages 33-38,41,42,45,47,51,86-91 of Seven Dutes Transcript, # 6 Exhibit F: two photos) (Schoolman, Richard) (Entered: 07/23/2012)

RECAP
44 July 23, 2012

MOTION for Summary Judgment by Ernest Steve Barry. Responses due by 8/13/2012 (Attachments: # 1 Memorandum in Support, # 2 Rule 56.1 Statement, # 3 Declaration, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit I, # 13 Exhibit J, # 14 Exhibit K, # 15 Exhibit L, # 16 Exhibit M, # 17 Exhibit N, # 18 Exhibit O, # 19 Exhibit P, # 20 Exhibit Q, # 21 Exhibit R, # 22 Exhibit S, # 23 Certificate of Service) (Hirose, Mariko) (Entered: 07/23/2012)

RECAP
45 July 24, 2012

MOTION to Strike 44 MOTION for Summary Judgment Application to Strike Plaintiffs July 23, 2012 Summary Judgment Motion to the Extent It Argues the As Applied Unconstitutionality of 21 NYCRR § 1050.6(d)(3) by New York City Transit Authority. (Copertino, Carl) (Entered: 07/24/2012)

RECAP
46 July 24, 2012

RESPONSE in Opposition re 45 MOTION to Strike 44 MOTION for Summary Judgment Application to Strike Plaintiffs July 23, 2012 Summary Judgment Motion to the Extent It Argues the As Applied Unconstitutionality of 21 NYCRR § 1050.6(d)(3) filed by Ernest Steve Barry. (Hirose, Mariko) (Entered: 07/24/2012)

RECAP
47 July 31, 2012

STIPULATION of Judgment Under Rule 68 by Ernest Steve Barry, Michael Burkhart, City of New York, Steven Dutes (Hirose, Mariko) (Entered: 07/31/2012)

RECAP
48 Aug. 1, 2012

STIPULATION AND ORDER OF JUDGMENT UNDER RULE 68: Defendant City of New York shall pay plaintiff Ernest Steve Barry the total sum of $5,001.00, and plaintiff Michael Burkhart the total sum of $2,501.00. Defendant City of New York shall also pay reasonable attorneys' fees, expenses and costs of $11,000.00 to the New York Civil Liberties Union Foundation. Ordered by Magistrate Judge Cheryl L. Pollak on 7/31/2012. (Brucella, Michelle) (Entered: 08/01/2012)

RECAP
49 Aug. 6, 2012

MOTION for Extension of Time to File Response/Reply by New York City Transit Authority. (Schoolman, Richard) (Entered: 08/06/2012)

RECAP
50 Aug. 6, 2012

ORDER re: 44 denying 45 grants 49 Defendant's motion to strike that portion of plaintiff's motion for summary judgment raising the as applied challenge is hereby denied. By letter dated 8/2/12, defendant requested an extension of the briefing schedule previously established and an adjournment of oral argument. The Court hereby grants both requests. The parties must file their oppositions to each other's motions by 9/10/12, and they must file replies by 9/24/12. The oral argument previously scheduled for 11:00 a.m. on 9/13/12 is rescheduled for 11:00 a.m. on 10/23/12. So Ordered by Magistrate Judge Cheryl L. Pollak on 8/6/2012. (Caggiano, Diana) (Entered: 08/06/2012)

RECAP
51 Sept. 10, 2012

MEMORANDUM in Opposition re 40 MOTION to Dismiss filed by Ernest Steve Barry. (Hirose, Mariko) (Entered: 09/10/2012)

RECAP
52 Sept. 10, 2012

AFFIDAVIT/DECLARATION in Opposition re 40 MOTION to Dismiss filed by Ernest Steve Barry. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Certificate of Service) (Hirose, Mariko) (Entered: 09/10/2012)

RECAP
53 Sept. 10, 2012

RULE 56.1 STATEMENT Defendant's statement in response to Plaintiff's undisputed statement of facts pursuant to local rule 56.1 filed by New York City Transit Authority. (Copertino, Carl) (Entered: 09/10/2012)

RECAP
54 Sept. 10, 2012

DECLARATION of Carl J. Copertino by New York City Transit Authority (Copertino, Carl) (Entered: 09/10/2012)

RECAP
55 Sept. 10, 2012

MEMORANDUM in Opposition to Plaintiff's Ernest Barry's Motion for Summary Judgment filed by New York City Transit Authority. (Copertino, Carl) (Entered: 09/10/2012)

RECAP
56 Sept. 24, 2012

REPLY to Response to Motion re 44 MOTION for Summary Judgment filed by Ernest Steve Barry. (Attachments: # 1 Rule 56.1 Statement Reply, # 2 Certificate of Service) (Hirose, Mariko) (Entered: 09/24/2012)

RECAP
57 Sept. 24, 2012

REPLY in Support re 40 MOTION to Dismiss filed by New York City Transit Authority. (Copertino, Carl) (Entered: 09/24/2012)

RECAP
58 Sept. 26, 2012

Letter MOTION to Adjourn Conference "Request for Re-Scheduling of Oral Argument" by New York City Transit Authority. (Schoolman, Richard) (Entered: 09/26/2012)

RECAP
59 Sept. 26, 2012

ENDORSED LETTER ORDER granting 58 Motion to Adjourn Conference. Hearing adjourned to 10/25/12 @ 2:30 PM. So Ordered by Magistrate Judge Cheryl L. Pollak on 9/26/2012. (Caggiano, Diana) (Entered: 09/26/2012)

RECAP
60 Sept. 28, 2012

Letter to Hon. Pollak re: Further Request for Re-Scheduling of Oral Argument by New York City Transit Authority (Schoolman, Richard) (Entered: 09/28/2012)

RECAP
61 Sept. 28, 2012

ENDORSED LETTER - RESCHEDULING ORDER: re 60 Request granted. Oral argument rescheduled to 11/8/12 @ 10:00 AM. So Ordered by Magistrate Judge Cheryl L. Pollak on 9/28/2012. (Caggiano, Diana) (Entered: 09/28/2012)

RECAP
62 Nov. 8, 2012

MINUTE ENTRY for Motion Hearing proceeding re 40 44 proceeding held before MJ Pollak on 11/8/2012. Argument held on motion for summary judgment and motion to dismiss. Decision reserved. (Caggiano, Diana) (Entered: 11/08/2012)

RECAP
63 Jan. 11, 2013

TRANSCRIPT of Proceedings held on 11/8/12, before Judge Pollak. Court Reporter/Transcriber TYPEWRITE WORD PROCESSING SERVICE, Telephone number 718-966-1401. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/1/2013. Redacted Transcript Deadline set for 2/11/2013. Release of Transcript Restriction set for 4/11/2013. (Hong, Loan) (Entered: 01/11/2013)

RECAP
64 March 21, 2013

ORDER denying 40 Motion to Dismiss; granting 44 Motion for Summary Judgment. For the reasons stated herein, the Court holds that the ID Rule is unconstitutionally vague on its face and as applied. Accordingly, defendant's motion to dismiss is denied, summary judgment is granted in favor of plaintiff Barry, and the Court issues a Declaration that the ID Rule, as currently written, is unconstitutional. So Ordered by Magistrate Judge Cheryl L. Pollak on 3/21/2013. (Klein, Jennifer) (Entered: 03/21/2013)

RECAP
March 25, 2013

ELECTRONIC SCHEDULING ORDER: A status conference has been scheduled for 4/11/13 at 3:00 p.m. So Ordered by Magistrate Judge Cheryl L. Pollak on 3/25/2013. (Klein, Jennifer)

65 March 28, 2013

NOTICE of Appearance by Liza J Sohn on behalf of City of New York, Steven Dutes (aty to be noticed) (Sohn, Liza) (Entered: 03/28/2013)

RECAP
66 April 1, 2013

Letter MOTION to Adjourn Conference by Ernest Steve Barry. (Hirose, Mariko) (Entered: 04/01/2013)

RECAP
April 3, 2013

ELECTRONIC ORDER withdrawing 66 Motion to Adjourn Conference. Conference will proceed at the original scheduled date and time (4/11/13 @ 3:00 PM). So Ordered by Magistrate Judge Cheryl L. Pollak on 4/3/2013. (Caggiano, Diana)

April 10, 2013

ELECTRONIC RESCHEDULING ORDER: The status conference previously scheduled for 4/11/13 before MJ Pollak has been rescheduled to 4/15/13 @ 10:00 AM. So Ordered by Magistrate Judge Cheryl L. Pollak on 4/10/2013. (Caggiano, Diana)

67 April 15, 2013

MINUTE ENTRY for Status Conference proceeding held before MJ Pollak on 4/15/2013. Parties given 45 days to discuss possible resolultion. Defendant's to send letter regarding remaining sentence of ID Rule relating to fare cards; plaintiff to respond. Next conference set for 6/6/13 @ 11:30 AM. (Caggiano, Diana) (Entered: 04/15/2013)

RECAP
68 April 15, 2013

Letter to Hon. Cheryl L. Pollak, MJ re: Clarification of Memorandum and Order by New York City Transit Authority (Schoolman, Richard) (Entered: 04/15/2013)

RECAP
69 April 15, 2013

Letter Response re: Clarification of Memorandum and Order by Ernest Steve Barry (Hirose, Mariko) (Entered: 04/15/2013)

RECAP
70 April 17, 2013

CLARIFICATION ORDER re 68 Letter filed by New York City Transit Authority, 69 Letter filed by Ernest Steve Barry. The Court hereby clarifies that its March 21, 2013 Order did not address or in any way affect the second sentence of 21 N.Y.C.R.R. Section 1050.6(d)(3), and this section of the TA's Rules remains extant. So Ordered by Magistrate Judge Cheryl L. Pollak on 4/17/2013. (Klein, Jennifer) (Entered: 04/17/2013)

RECAP
71 April 22, 2013

NOTICE OF APPEAL as to 64 Order on Motion to Dismiss, Order on Motion for Summary Judgment,, by New York City Transit Authority. No fee paid. Attorney notified of filing fee. Service done electronically. (Schoolman, Richard) Modified on 4/22/2013 (McGee, Mary Ann). (Entered: 04/22/2013)

RECAP
April 22, 2013

APPEAL FILING FEE DUE re 71 Notice of Appeal, Please either come to the clerks office or mail the filing fee in the amount of $455.00. (McGee, Mary Ann)

April 22, 2013

NOTICE of Consent to jurisdiction of Magistrate Judge re 71 Notice of Appeal. See documents #22 and #23. (McGee, Mary Ann)

April 22, 2013

Electronic Index to Record on Appeal sent to US Court of Appeals. 71 Notice of Appeal, Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (McGee, Mary Ann)

72 April 24, 2013

STIPULATION Concerning Timing of Plaintiff's Motion for Attorneys' Fees and Costs by Ernest Steve Barry (Hirose, Mariko) (Entered: 04/24/2013)

RECAP
73 April 25, 2013

STIPULATION AND ORDER re 72 So Ordered by Magistrate Judge Cheryl L. Pollak on 4/24/2013. (Caggiano, Diana) (Entered: 04/25/2013)

RECAP
74 May 7, 2013

STIPULATION and Order of Settlement by New York City Transit Authority (Schoolman, Richard) (Entered: 05/07/2013)

RECAP
75 May 9, 2013

STIPULATION AND ORDER OF SETTLEMENT: The Transit Authority shall pay reasonable attorneys' fees, expenses, and costs of FOURTEEN THOUSAND AND FIVE HUNDRED DOLLARS ($14,500.00) to the New York Civil Liberties Union Foundation within 45 days in complete settlement of all matters between the parties. Ordered by Magistrate Judge Cheryl L. Pollak on 5/8/2013. (Brucella, Michelle) (Entered: 05/09/2013)

RECAP
76 May 9, 2013

MANDATE of USCA as to 71 Notice of Appeal, filed by New York City Transit Authority. The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to FRAP 42. The stipulation is hereby "So Ordered". Mandate issued: 5/9/13 (McGee, Mary Ann) (Entered: 05/09/2013)

RECAP
77 June 7, 2013

STIPULATION of Dismissal by New York City Transit Authority (Schoolman, Richard) (Entered: 06/07/2013)

RECAP

Case Details

State / Territory:

New York

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 14, 2011

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Two photographers asked for ID after they took pictures in the subway.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

NYU Clinical Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City

City of New York

Defendant Type(s):

Transportation

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Freedom of speech/association

Other Dockets:

Eastern District of New York 1:11-cv-05533

U.S. Court of Appeals for the Second Circuit 13-01529

Available Documents:

Any published opinion

Complaint (any)

Monetary Relief

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Damages

Declaratory Judgment

Source of Relief:

Litigation

Settlement

Form of Settlement:

Voluntary Dismissal

Amount Defendant Pays: $22,002

Order Duration: 2013 - 2013

Issues

Policing:

False arrest

Recommended Citation