Case: Bandele v. City of New York

1:07-cv-03339 | U.S. District Court for the Southern District of New York

Filed Date: April 26, 2007

Closed Date: 2008

Clearinghouse coding complete

Case Summary

On April 26, 2007, three community activists filed a lawsuit in the U.S. District Court for the Southern District of New York under the Civil Rights Act of 1871, U.S.C. 42 § 1983, and state law against the City of New York and two New York City Police Department police officers. The plaintiffs, represented by the Center for Constitutional Rights and private counsel, asked the court for both declaratory and injunctive relief.Specifically, the plaintiffs alleged that the defendant officers viola…

On April 26, 2007, three community activists filed a lawsuit in the U.S. District Court for the Southern District of New York under the Civil Rights Act of 1871, U.S.C. 42 § 1983, and state law against the City of New York and two New York City Police Department police officers. The plaintiffs, represented by the Center for Constitutional Rights and private counsel, asked the court for both declaratory and injunctive relief.

Specifically, the plaintiffs alleged that the defendant officers violated their rights under the First, Fourth and Fifth Amendments when they arrested plaintiffs while the plaintiffs were recording the arrests of two other people.

According the complaint, all charges against the plaintiffs were dropped, but only after they were held in jail overnight and required to make at least 10 court appearances in relation to the incident. The plaintiffs also brought a Monell claim, alleging that the police department's policies encouraged violation of the plaintiffs' constitutional rights.

On September 19, 2008, the District Court (Judge Miriam Cedarbaum) accepted the parties' Stipulation of Settlement and Dismissal. As part of the settlement agreement, each of the three plaintiffs received $15,000 and fees from the defendants in exchange for dismissal of their complaint. The defendants did not admit any violation of the plaintiffs' rights.

Summary Authors

Louisa Eberle (10/14/2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4330852/parties/bandele-v-the-city-of-new-york/


Judge(s)

Cedarbaum, Miriam Goldman (New York)

Attorneys(s) for Plaintiff

Boyle, Robert (New York)

Costello, Andrea Hope (Florida)

Franklin, Karl Ferdinand (New York)

Attorneys(s) for Defendant

Cardozo, Michael A. (New York)

Donahue, Linda (New York)

Seligman, Rachel Amy (New York)

Judge(s)

Cedarbaum, Miriam Goldman (New York)

Attorneys(s) for Plaintiff

Boyle, Robert (New York)

Costello, Andrea Hope (Florida)

Franklin, Karl Ferdinand (New York)

Attorneys(s) for Defendant

Cardozo, Michael A. (New York)

Donahue, Linda (New York)

Seligman, Rachel Amy (New York)

Documents in the Clearinghouse

Document

Docket

Bandele v City of New York

April 26, 2007 Docket
1

First Complaint

April 26, 2007 Complaint
12

Amended complaint

Bandele v City of New York

Feb. 29, 2008 Complaint
19

STIPULATION AND ORDER OF SETTLEMENT AND DISMISSAL

Sept. 22, 2008 Order/Opinion

Resources

Title Description External URL

Bandele v. City of New York

Center for Constitutional Rights

Bandele v. City of New York was a federal civil rights lawsuit brought against the City of New York and three NYPD officers in 2007. It charges that the defendants falsely arrested and imprisoned the… April 26, 2007 https://ccrjustice.org/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4330852/bandele-v-the-city-of-new-york/

Last updated May 28, 2022, 3:04 a.m.

ECF Number Description Date Link
1

COMPLAINT against The City of New York, Thomas Stevens, John Doe # 1, John Doe # 2. (Filing Fee $ 350.00, Receipt Number 613359)Document filed by David Floyd, Lumumba Bandele, Djibril Toure.(tro) Additional attachment(s) added on 4/30/2007 (Becerra, Maribel). (Entered: 04/26/2007)

April 26, 2007 RECAP

SUMMONS ISSUED as to The City of New York, Thomas Stevens, John Doe # 1, John Doe # 2. (tro)

April 26, 2007 PACER

Magistrate Judge James C. Francis is so designated. (tro)

April 26, 2007 PACER

Case Designated ECF. (tro)

April 26, 2007 PACER
2

STIPULATION, that the time for defendant City of NY to answer the complaint is enlarged to 9/12/07. The City of New York answer due 9/12/2007. (Signed by Judge Miriam Goldman Cedarbaum on 7/12/07) (cd) Modified on 7/16/2007 (Daniec, Chris). (Entered: 07/16/2007)

July 13, 2007 RECAP
3

NOTICE OF CHANGE OF ADDRESS by Robert J. Boyle on behalf of all plaintiffs. New Address: Robert J. Boyle, 299 Broadway, Suite 806, New York, New York, USA 10007, 212-431-0229. (Boyle, Robert) (Entered: 07/16/2007)

July 16, 2007 RECAP
4

STIPULATION: the time for defendant City of New York to answer or otherwise respond to the complaint is extended to 10/29/07. The City of New York answer due 10/29/2007. (Signed by Judge Miriam Goldman Cedarbaum on 9/11/07) (db) (Entered: 09/11/2007)

Sept. 11, 2007 RECAP
5

STIPULATION: the time for defendant City of New York to answer or otherwise respond to the complaint is extended to 11/30/07. The City of New York answer due 11/30/2007. (Signed by Judge Miriam Goldman Cedarbaum on 10/29/07) (db) (Entered: 10/29/2007)

Oct. 29, 2007 RECAP
6

AFFIDAVIT OF SERVICE of Summons and Complaint,. The City of New York served on 6/22/2007, answer due 11/30/2007; Thomas Stevens served on 6/28/2007, answer due 7/18/2007; John Doe # 1 served on 6/22/2007, answer due 7/12/2007; John Doe # 2 served on 6/22/2007, answer due 7/12/2007. Service was accepted by Madelyn Santana; Sgt. Horvath; Sgt. Kaszovitz. Document filed by Lumumba Bandele. (Franklin, Karl) (Entered: 10/31/2007)

Oct. 31, 2007 RECAP
7

ANSWER to Complaint with JURY DEMAND. Document filed by The City of New York, Thomas Stevens.(Seligman, Rachel) (Entered: 11/30/2007)

Nov. 30, 2007 RECAP

Minute Entry for proceedings held before Judge Miriam Goldman Cedarbaum: Initial Pretrial Conference held on 12/11/2007. (dle)

Dec. 11, 2007 PACER
8

ORDER CASE ELIGIBLE FOR MEDIATION...the above-entitled action is eligible for mediation, pursuant to the Civil Justice Expense and Delay Reduction Plan. This action is eligible for mediation subject to the limitations and restrictions as noted: ALL ISSUES ARE ELIGIBLE. (Signed by Judge Miriam Goldman Cedarbaum on 12/20/07) (tro) (Entered: 12/21/2007)

Dec. 21, 2007 RECAP
9

NOTICE OF APPEARANCE by Linda Donahue on behalf of The City of New York, Thomas Stevens (Donahue, Linda) (Entered: 12/31/2007)

Dec. 31, 2007 RECAP
10

STIPULATION: that the time for plaintiff's attorneys to amend the complaint is enlarged to 2/29/08. ( Amended Pleadings due by 2/29/2008.) (Signed by Judge Miriam Goldman Cedarbaum on 2/8/08) (tro) (Entered: 02/11/2008)

Feb. 11, 2008 RECAP
11

NOTICE SELECTING MEDIATOR - Notice of selection of mediator.(sc) (Entered: 02/22/2008)

Feb. 22, 2008 PACER
12

AMENDED COMPLAINT amending 1 Complaint, against Carlos Vega, Erick Nolan, Seamus Lavin, Holt, The City of New York, Thomas Stevens. Document filed by David Floyd, Lumumba Bandele, Djibril Toure. Related document: 1 Complaint, filed by David Floyd, Djibril Toure, Lumumba Bandele.(dle) (dle). (Entered: 03/04/2008)

Feb. 29, 2008 RECAP

***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Kamau Karl Franklin, Andrea Costello, Robert J. Boyle for noncompliance with Section (3) of the S.D.N.Y. 3rd Amended Instructions For Filing An Electronic Case or Appeal and Section 1(d) of the S.D.N.Y. Procedures For Electronic Case Filing. E-MAIL the PDF for Document 12 Amended Complaint, to: case_openings@nysd.uscourts.gov. (dle)

Feb. 29, 2008 PACER
13

AFFIDAVIT OF SERVICE. The City of New York served on 2/29/2008, answer due 3/20/2008. Service was made by mail. Document filed by Lumumba Bandele. (Franklin, Karl) (Entered: 03/04/2008)

March 4, 2008 RECAP
14

ANSWER to Amended Complaint with JURY DEMAND. Document filed by The City of New York, Thomas Stevens.(Donahue, Linda) (Entered: 03/20/2008)

March 20, 2008 RECAP
15

AFFIDAVIT OF SERVICE. Thomas Stevens served on 4/9/2008, answer due 4/29/2008; Carlos Vega served on 4/9/2008, answer due 4/29/2008; Erick Nolan served on 4/9/2008, answer due 4/29/2008; Seamus Lavin served on 4/9/2008, answer due 4/29/2008; Holt served on 4/9/2008, answer due 4/29/2008. Service was accepted by Lt. Schneider, Sgt. Medina, Sgt. Welsch. Document filed by Lumumba Bandele. (Franklin, Karl) (Entered: 04/10/2008)

April 10, 2008 RECAP
16

ANSWER to Amended Complaint with JURY DEMAND. Document filed by Carlos Vega, Erick Nolan, Seamus Lavin, Holt. Related document: 12 Amended Complaint, filed by David Floyd, Djibril Toure, Lumumba Bandele.(Donahue, Linda) (Entered: 04/28/2008)

April 28, 2008 RECAP
17

STIPULATION It is hereby stipulated and agreed that the time for plaintiffs and defendants attorneys to complete discovery is enlarged to September 30, 2008. (Discovery due by 9/30/2008.) (Signed by Judge Miriam Goldman Cedarbaum on 8/5/08) (mme) (Entered: 08/05/2008)

Aug. 5, 2008 RECAP
18

MOTION for Andrea Hope Costello to Withdraw as Attorney. Document filed by David Floyd, Lumumba Bandele, Djibril Toure.(Costello, Andrea) (Entered: 08/19/2008)

Aug. 19, 2008 RECAP
19

STIPULATION AND ORDER OF SETTLEMENT AND DISMISSAL The above-referenced action is hereby dismissed, with prejudice, and without costs, expenses, or fees in excess of the amounts specified in paragraphs "2" through "4". Defendant City of New York hereby agrees to pay plaintiff LUMUMBA BANDELE the sum of FIFTEEN THOUSAND ($15,000.00) DOLLARS, in full satisfaction of all claims, including claims for costs, expenses and attorney's fees. In consideration for the payment of this sum, plaintiff agrees to the dismissal of all the claims against the defendants CITY OF NEW YORK; NEW YORK CITY POLICE OFFICER THOMAS STEVENS (SHIELD # 11092), in his individual and official capacity, NEW YORK CITY POLICE OFFICER CARLOS VEGA, in his individual and official capacity; NEW YORK CITY POLICE OFFICER ERICK NOLAN, in his individual and official capacity; NEW YORK CITY POLICE SERGEANT SEAMUS LAVTN, in his individual and official capacity; NEW YORK CITY POLICE SERGEANT HOLT, in his individual and official capacity, and to release all defendants and all present and former employees and agents of the City of New York from any and all liability, claims, or rights of action that have or could have been alleged by plaintiff in this action arising out of the events alleged in the complaint in this action, including claims for costs, expenses and attorney's fees. Defendant City of New York hereby agrees to pay plaintiff DJIBRIL TOURE the sum of FIFTEEN THOUSAND ($15,000.00) DOLLARS, in full satisfaction of all claims, including claims for costs, expenses and attorney's fees. In consideration for the payment of this sum, plaintiff agrees to the dismissal of all the claims against the defendants CITY OF NEW YORK; NEW YORK CITY POLICE OFFICER THOMAS STEVENS (SHIELD # 11092), in his individual and official capacity, NEW YORK CITY POLICE OFFICER CARLOS VEGA, in his individual and official capacity; NEW YORK CITY POLICE OFFICER ERICK NOLAN, in his individual and official capacity; NEW YORK CITY POLICE SERGEANT SEAMUS LAVIN, in his individual and official capacity; NEW YORK CITY POLICE SERGEANT HOLT, in his individual and official capacity, and to release all defendants and all present and former employees and agents of the City of New York from any and all liability, claims, or rights of action that have or could have been alleged by plaintiff in this action arising out of the events alleged in the complaint in this action, including claims for costs, expenses and attorney's fees. Defendant City of New York hereby agrees to pay plaintiff DAVID FLOYD the sum of FIFTEEN THOUSAND ($15,000.00) DOLLARS, in full satisfaction of all claims, including claims for costs, expenses and attorney's fees. In consideration for the payment of this sum, plaintiff agrees to the dismissal of all the claims against the defendants CITY OF NEW YORK; NEW YORK CITY POLICE OFFICER THOMAS STEVENS (SHIELD # 11092), in his individual and official capacity, NEW YORK CITY POLICE OFFICER CARLOS VEGA, in his individual and official capacity; NEW YORK CITY POLICE OFFICER ERICK NOLAN, in his individual and official capacity; NEW YORK CITY POLICE SERGEANT SEAMUS LAVIN, in his individual and official capacity: NEW YORK CITY POLICE SERGEANT HOLT, in his individual and official capacity, and to release all defendants and all present and former employees and agents of the City of New York from any and all liability, claims, or rights of action that have or could have been alleged by plaintiff in this action arising out of the events alleged in the complaint in this action, including claims for costs, expenses and attorney's fees. (Signed by Judge Miriam Goldman Cedarbaum on 9/19/08) (mme) Modified on 10/7/2008 (mme). (Entered: 09/22/2008)

Sept. 22, 2008 PACER

State / Territory: New York

Case Type(s):

Policing

Key Dates

Filing Date: April 26, 2007

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Community activists who were arrested while recording the arrests of two individuals

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Center for Constitutional Rights (CCR)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of New York, City

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Unreasonable search and seizure

Freedom of speech/association

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Amount Defendant Pays: 45000

Issues

General:

Excessive force

Failure to discipline

Failure to supervise

Failure to train

False arrest

Pattern or Practice