Case: Charles v. City of New York

1:12-cv-06180 | U.S. District Court for the Eastern District of New York

Filed Date: Dec. 17, 2012

Closed Date: 2017

Clearinghouse coding complete

Case Summary

On December 17, 2012 a Brooklyn resident filed a complaint in the U.S. District Court for the Eastern District of New York against the City of New York. The plaintiff brought this complaint under 42 U.S.C. §1983, alleging violations of the First and Fourth Amendment to the United States Constitution as well as violations of Article 1 Sections 8 and 12 of the New York Constitution. The plaintiff, represented by the New York Civil Liberties Union, asked the court for declaratory relief and compen…

On December 17, 2012 a Brooklyn resident filed a complaint in the U.S. District Court for the Eastern District of New York against the City of New York. The plaintiff brought this complaint under 42 U.S.C. §1983, alleging violations of the First and Fourth Amendment to the United States Constitution as well as violations of Article 1 Sections 8 and 12 of the New York Constitution. The plaintiff, represented by the New York Civil Liberties Union, asked the court for declaratory relief and compensatory and punitive damages, attorneys' fees and costs, claiming that the NYPD unlawfully arrested her for filming a stop and frisk in her neighborhood. The complaint explains that it challenged the NYPD's practice of interfering with the right of individuals to film police activity in public areas.

Specifically, the plaintiff claimed that on June 5, 2012, after leaving the subway and on the walk to her house, she witnessed two NYPD officers questioning and frisking three youths she recognized from the neighborhood. To the plaintiff, it appeared the youths were only fixing an upturned bicycle. The youths repeatedly protested to the officers that they were only fixing the bicycle and that they had done nothing wrong. She asked the officers what they were doing, and when they brushed off her question, she began to film the event on her cellphone. The officers repeatedly told her to stop filming and to step further back.

After repeatedly requesting that the plaintiff stop filming, one of the officers shoved her. The officers' sergeant was then called to the scene. Subsequently, the plaintiff informed the sergeant that she wished to file a formal complaint. Directly after voicing her desire to file a complaint, she was arrested and transported to the precinct where she was held for about an hour and a half. Her phone and purse were confiscated and the officers repeatedly asked her if she still wished to file a complaint. After issuing her a summons for disorderly conduct and receiving verbal confirmation from her that she did not intend to file a complaint, the officers released the plaintiff on her own cognizance. No criminal charges were filed against her.

On March 11, 2013, the plaintiff moved to file an amended compliant, noting that the parties had conferred and reached resolution of the defendants’ concerns regarding the

claims for declaratory relief, which the defendants had moved to dismiss in their answer. Magistrate Judge Steven M. Gold granted the motion and the plaintiff filed an amended complaint excluding the declaratory relief claims and identifying a "John Doe" New York City police officer defendant.

The plaintiffs engaged in discovery between 2013 and 2017. There were ongoing disputes regarding the video the plaintiff took of the officers' stop. The plaintiff's video of the incident went missing days after her arrest, and the defendants sought dismissal of a spoliation sanction.

On October 8, 2014, the defendants moved for summary judgment on three grounds: 1) that the officers had probable cause to arrest the plaintiff; 2) that the plaintiff's retaliation claim required proof that the arrest was motivated by the videotaping and was unavailable when the arrest and subsequent prosecution was supported by probable cause; and 3) that the officers are protected by qualified immunity. The defendants also moved for dismissal of the plaintiff's claims against them for spoliation sanctions as a result of what they alleged was the plaintiff's destruction of the video she took of the subject incident. On February 8, 2017, the court (Judge Sandra L. Townes) denied the defendants' motion for summary judgment, and denied the motion for spoliation sanctions, without prejudice to renewal if the evidence at trial should establish that the video of the incident was likely to favor the defendants.

After further discovery, the parties stipulated to a settlement and order of dismissal on June 7, 2017. The settlement agreement provided for $10,000 in compensation to the plaintiff and $35,000 for the plaintiff's attorney fees and costs for the dismissal of all claims against the defendants. The court ordered the dismissal on June 9, 2017.

Summary Authors

Nick Kabat (2/24/2014)

Sarah McDonald (8/13/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4322284/parties/charles-v-the-city-of-new-york/


Attorney for Plaintiff

Dunn, Christopher (New York)

Hodgson, Robert (New York)

Karteron, Alexis (New York)

Attorney for Defendant

Carter, Zachary W. (New York)

Expert/Monitor/Master/Other

Gold, Steven M. (New York)

Documents in the Clearinghouse

Documents in this case

1:12-cv-06180

Docket [PACER]

June 9, 2017

June 9, 2017

Docket
1

1:12-cv-06180

Complaint

Dec. 17, 2012

Dec. 17, 2012

Complaint
16

1:12-cv-06180

Amended Complaint

April 15, 2013

April 15, 2013

Complaint
122

1:12-cv-06180

Memorandum and Order

Charles v. The City Of New York

Feb. 7, 2017

Feb. 7, 2017

Order/Opinion

2017 WL 530460

128

1:12-cv-06180

Stipulation of Settlement and Order of Dismissal

Charles v. The City Of New York

June 9, 2017

June 9, 2017

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4322284/charles-v-the-city-of-new-york/

Last updated June 1, 2026, 10:26 p.m.

Docket for: Charles v. The City Of New York.
ECF Number Date Description Link
Dec. 17, 2012

FILING FEE: $ 350, receipt number 4653052660 (Sica, Michele) (Entered: 12/18/2012)

PACER
1 Dec. 17, 2012

COMPLAINT against Joe Doe, Raymond Kelly, The City Of New York., Raymond Williams Disclosure Statement on Civil Cover Sheet completed -no,, filed by Hadiyah Charles. (Attachments: # 1 Civil Cover Sheet) (Sica, Michele) (Entered: 12/18/2012)

1 Civil Cover Sheet

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RECAP
2 Dec. 17, 2012

Summons Issued as to Pamela Benities, Raymond Kelly, The City Of New York., Raymond Williams. (Sica, Michele) (Entered: 12/18/2012)

RECAP
Dec. 17, 2012

FILING FEE: $ 350, receipt number 4653052660 (Sica, Michele)

3 Dec. 18, 2012

In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Sica, Michele) (Entered: 12/18/2012)

RECAP
Dec. 27, 2012

SCHEDULING ORDER for telephone conference re 4 MOTION for Extension of Time to File Answer or otherwise respond to complaint filed by Raymond Kelly, The City Of New York. A telephone conference will be held on JANUARY 7, 2013 at 02:00 PM before Chief Magistrate Judge Steven M. Gold. Defendants' counsel is directed to arrange the call with all parties. So Ordered by Chief Magistrate Judge Steven M. Gold on 12/27/2012. (Megdal, Deborah) (Entered: 12/27/2012)

PACER
4 Dec. 27, 2012

MOTION for Extension of Time to File Answer or otherwise respond to complaint by Raymond Kelly, The City Of New York.. (Zuckerman, Mark) (Entered: 12/27/2012)

RECAP
Dec. 27, 2012

SCHEDULING ORDER for telephone conference re 4 MOTION for Extension of Time to File Answer or otherwise respond to complaint filed by Raymond Kelly, The City Of New York. A telephone conference will be held on JANUARY 7, 2013 at 02:00 PM before Chief Magistrate Judge Steven M. Gold. Defendants' counsel is directed to arrange the call with all parties. So Ordered by Chief Magistrate Judge Steven M. Gold on 12/27/2012. (Megdal, Deborah)

Jan. 3, 2013

ORDER re 5 Response to Motion filed by Hadiyah Charles, 4 MOTION for Extension of Time to File Answer or otherwise respond to complaint filed by Raymond Kelly, The City Of New York. Counsels' applications will be discussed at the conference already scheduled for January 7th. So Ordered by Chief Magistrate Judge Steven M. Gold on 1/3/2013. (Vasquez, Lea) (Entered: 01/03/2013)

PACER
5 Jan. 3, 2013

RESPONSE to Motion re 4 MOTION for Extension of Time to File Answer or otherwise respond to complaint filed by Hadiyah Charles. (Karteron, Alexis) (Entered: 01/03/2013)

RECAP
Jan. 3, 2013

ORDER re 5 Response to Motion filed by Hadiyah Charles, 4 MOTION for Extension of Time to File Answer or otherwise respond to complaint filed by Raymond Kelly, The City Of New York. Counsels' applications will be discussed at the conference already scheduled for January 7th. So Ordered by Chief Magistrate Judge Steven M. Gold on 1/3/2013. (Vasquez, Lea)

6 Jan. 7, 2013

SUMMONS Returned Executed by Hadiyah Charles. The City Of New York. served on 12/19/2012, answer due 1/9/2013. (Karteron, Alexis) (Entered: 01/07/2013)

RECAP
7 Jan. 7, 2013

SUMMONS Returned Executed by Hadiyah Charles. Raymond Kelly served on 12/19/2012, answer due 1/9/2013. (Karteron, Alexis) (Entered: 01/07/2013)

RECAP
8 Jan. 7, 2013

SUMMONS Returned Executed by Hadiyah Charles. Pamela Benities served on 12/21/2012, answer due 1/11/2013. (Karteron, Alexis) (Entered: 01/07/2013)

RECAP
9 Jan. 7, 2013

SUMMONS Returned Executed by Hadiyah Charles. Raymond Williams served on 12/21/2012, answer due 1/11/2013. (Karteron, Alexis) (Entered: 01/07/2013)

RECAP
10 Jan. 8, 2013

Minute Entry for Telephone Conference held on 1/7/2013 before Chief Magistrate Judge Steven M. Gold: Karteron and Dunn for plaintiff, Zuckerman for defendants. Defendants' application to extend their time to answer to March 8, 2013 is granted. THE COURT WILL HOLD AN INITIAL CONFERENCE AT 2:00 P.M. ON MARCH 12, 2013. (Vasquez, Lea) Modified on 1/8/2013 (Vasquez, Lea). (Entered: 01/08/2013)

RECAP
11 March 4, 2013

ANSWER to 1 Complaint by Pamela Benities, Raymond Kelly, The City Of New York., Raymond Williams. (Zuckerman, Mark) (Entered: 03/04/2013)

RECAP
12 March 4, 2013

MOTION for pre motion conference by Pamela Benities, Raymond Kelly, The City Of New York., Raymond Williams. (Zuckerman, Mark) (Entered: 03/04/2013)

RECAP
13 March 8, 2013

MEMORANDUM in Opposition re 12 MOTION for pre motion conference filed by Hadiyah Charles. (Dunn, Christopher) (Entered: 03/08/2013)

RECAP
14 March 13, 2013

Minute Entry for Initial Conference Hearing held on 3/12/2013 before Chief Magistrate Judge Steven M. Gold: Karteron, with students, for plaintiff; Zuckerman for defendants. The parties will complete fact discovery concerning te particular incident at issue by June 15. THE COURT WILL HOLD A CONFERENCE AT 2:00 PM ON JUNE 21. Principals with full settlement decision-making authority must be present or available by telephone. Counsel shall be prepared to schedule any remaining discovery (i.w., Monell discovery) and any anticipated motion practice. (Vasquez, Lea) (Entered: 03/13/2013)

RECAP
15 April 11, 2013

MOTION for Leave to File Amended Complaint by Hadiyah Charles. (Karteron, Alexis) (Entered: 04/11/2013)

RECAP
April 11, 2013

ORDER granting 15 Motion for Leave to File an amended complaint. So Ordered by Chief Magistrate Judge Steven M. Gold on 4/11/2013. (Vasquez, Lea)

16 April 15, 2013

AMENDED COMPLAINT against All Defendants, filed by Hadiyah Charles. (Karteron, Alexis) (Entered: 04/15/2013)

RECAP
17 April 16, 2013

AMENDED Summons Issued as to Anthony Famighetti. (Sica, Michele) (Entered: 04/16/2013)

RECAP
18 April 18, 2013

SUMMONS Returned Executed by Hadiyah Charles. Anthony Famighetti served on 4/16/2013, answer due 5/7/2013. (Karteron, Alexis) (Entered: 04/18/2013)

RECAP
19 April 25, 2013

Letter alerting the Court to a discovery dispute by Hadiyah Charles (Karteron, Alexis) (Entered: 04/25/2013)

RECAP
20 April 26, 2013

Letter in response to letter alerting court to discovery dispute by plaintiff by Pamela Benities, Raymond Kelly, The City Of New York., Raymond Williams (Zuckerman, Mark) (Entered: 04/26/2013)

RECAP
21 April 26, 2013

ANSWER to 16 Amended Complaint with jury demand by Pamela Benities, Anthony Famighetti, Raymond Kelly, The City Of New York., Raymond Williams. (Zuckerman, Mark) (Entered: 04/26/2013)

RECAP
April 26, 2013

SCHEDULING ORDER re 19 Letter filed by Hadiyah Charles: A telephone conference will be held at 9:45 a.m. on April 30, 2013 before the undersigned. Counsel for plaintiff is directed to arrange the call with all parties as well as immediately confirm this conference date and time with defendants' counsel. Counsel for defendant may submit a response, if any, by April 29th. So Ordered by Chief Magistrate Judge Steven M. Gold on 4/26/2013. (Vasquez, Lea)

22 April 30, 2013

Minute Entry for Telephone Conference held on 4/30/2013 before Chief Magistrate Judge Steven M. Gold: Karteron for plaintiff, Zuckerman for defendants. Defendants will provide the identities and contact information of the three individuals at issue subject to a protective order that includes the terms discussed on the record of today's proceeding. (Tape #FTR 9:46-9:53.) (Vasquez, Lea) (Entered: 04/30/2013)

RECAP
23 May 1, 2013

Letter submitting proposed stipulation and protective order by Hadiyah Charles (Attachments: # 1 Proposed Order) (Karteron, Alexis) (Entered: 05/01/2013)

1 Proposed Order

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RECAP
24 May 3, 2013

PROTECTIVE ORDER 23 approved and entered as an Order of the Court. So Ordered by Chief Magistrate Judge Steven M. Gold on 5/3/2013. (Vasquez, Lea) (Entered: 05/03/2013)

RECAP
May 15, 2013

ORDER re 25 Letter filed by The City Of New York: The proposed Order directing defendant City of New York to produce UF 250 forms relating to D.C., J.M. and T.B. prepared on or about June 5, 2012 to the parties for use in this litigation only is approved and hereby entered as an Order of the Court. So Ordered by Chief Magistrate Judge Steven M. Gold on 5/15/2013. (Vasquez, Lea) (Entered: 05/15/2013)

PACER
25 May 15, 2013

Letter and proposed order by The City Of New York. (Attachments: # 1 Proposed Order) (Zuckerman, Mark) (Entered: 05/15/2013)

1 Proposed Order

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RECAP
May 15, 2013

ORDER re 25 Letter filed by The City Of New York: The proposed Order directing defendant City of New York to produce UF 250 forms relating to D.C., J.M. and T.B. prepared on or about June 5, 2012 to the parties for use in this litigation only is approved and hereby entered as an Order of the Court. So Ordered by Chief Magistrate Judge Steven M. Gold on 5/15/2013. (Vasquez, Lea)

26 June 5, 2013

MOTION to Adjourn Conference and to extend discovery by Hadiyah Charles. (Karteron, Alexis) (Entered: 06/05/2013)

RECAP
June 6, 2013

ORDER granting 26 Motion to Adjourn Conference: Discovery is extended to July 19th. The conference previously scheduled for June 21st will instead be held at 10:30 a.m. on July 25th. So Ordered by Chief Magistrate Judge Steven M. Gold on 6/6/2013. (Vasquez, Lea) (Entered: 06/06/2013)

PACER
June 6, 2013

ORDER granting 26 Motion to Adjourn Conference: Discovery is extended to July 19th. The conference previously scheduled for June 21st will instead be held at 10:30 a.m. on July 25th. So Ordered by Chief Magistrate Judge Steven M. Gold on 6/6/2013. (Vasquez, Lea)

27 July 2, 2013

Second MOTION to Adjourn Conference and extend discovery by Hadiyah Charles. (Karteron, Alexis) (Entered: 07/02/2013)

RECAP
28 July 2, 2013

RESPONSE in Opposition re 27 Second MOTION to Adjourn Conference and extend discovery filed by The City Of New York.. (Zuckerman, Mark) (Entered: 07/02/2013)

RECAP
29 July 2, 2013

REPLY to Response to Motion re 27 Second MOTION to Adjourn Conference and extend discovery filed by Hadiyah Charles. (Karteron, Alexis) (Entered: 07/02/2013)

RECAP
July 3, 2013

ORDER granting 27 Motion to Adjourn Conference: Discovery is extended to August 23, 2013. The conference previously scheduled for July 25th will instead be held at 10:30 a.m. on September 10, 2013. So Ordered by Chief Magistrate Judge Steven M. Gold on 7/3/2013. (Vasquez, Lea) (Entered: 07/03/2013)

PACER
July 3, 2013

ORDER granting 27 Motion to Adjourn Conference: Discovery is extended to August 23, 2013. The conference previously scheduled for July 25th will instead be held at 10:30 a.m. on September 10, 2013. So Ordered by Chief Magistrate Judge Steven M. Gold on 7/3/2013. (Vasquez, Lea)

Aug. 19, 2013

ORDER granting 30 Motion for Extension of Time to Complete Discovery. The conference previously scheduled for September 10th will instead be held at 11:00 a.m. on October 9, 2013. So Ordered by Chief Magistrate Judge Steven M. Gold on 8/19/2013. (Vasquez, Lea) (Entered: 08/19/2013)

PACER
30 Aug. 19, 2013

MOTION for Extension of Time to Complete Discovery and adjourn court conference of September 10, 2013 by Pamela Benities, Anthony Famighetti, Raymond Kelly, The City Of New York., Raymond Williams. (Zuckerman, Mark) (Entered: 08/19/2013)

RECAP
Aug. 19, 2013

ORDER granting 30 Motion for Extension of Time to Complete Discovery. The conference previously scheduled for September 10th will instead be held at 11:00 a.m. on October 9, 2013. So Ordered by Chief Magistrate Judge Steven M. Gold on 8/19/2013. (Vasquez, Lea)

31 Sept. 30, 2013

Letter MOTION to Adjourn Conference scheduled for October 9, 2013 by Hadiyah Charles. (Karteron, Alexis) (Entered: 09/30/2013)

RECAP
Oct. 1, 2013

ORDER denying 31 Motion to Adjourn Conference: The conference will proceed on October 9th. In the alternative, counsel may submit another application suggesting a date earlier than October 9th on which to hold the conference. So Ordered by Chief Magistrate Judge Steven M. Gold on 10/1/2013. (Vasquez, Lea) (Entered: 10/01/2013)

PACER
Oct. 1, 2013

ORDER denying 31 Motion to Adjourn Conference: The conference will proceed on October 9th. In the alternative, counsel may submit another application suggesting a date earlier than October 9th on which to hold the conference. So Ordered by Chief Magistrate Judge Steven M. Gold on 10/1/2013. (Vasquez, Lea)

32 Oct. 4, 2013

Letter regarding issues to be addressed at October 9 status conference by Hadiyah Charles (Attachments: # 1 Exhibit 1) (Karteron, Alexis) (Entered: 10/04/2013)

1 Exhibit 1

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RECAP
33 Oct. 8, 2013

Letter in response to letter of plainiffs of October 4, 2013 by Pamela Benities, Anthony Famighetti, Raymond Kelly, The City Of New York., Raymond Williams (Zuckerman, Mark) (Entered: 10/08/2013)

RECAP
34 Oct. 9, 2013

Minute Entry for Settlement Conference held on 10/9/2013 before Chief Magistrate Judge Steven M. Gold: Karteron for plaintiff, Zuckerman for defendants. Various discovery rulings on the record. Fact discovery is extended to December 30. Defendants will file a premotion conference application in anticipation of moving for summary judgment by February 17, 2014. Counsel are encouraged to submit a letter seeking a settlement conference if they think it might be productive to hold one. (Tape #FTR 11:01-11:32.) (Vasquez, Lea) (Entered: 10/09/2013)

RECAP
35 Oct. 23, 2013

TRANSCRIPT of Proceedings held on October 9, 2013, before Judge Gold. Court Transcriber: Fiore Reporting and Transcription Service, Inc., Telephone number (203)929-9992. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/13/2013. Redacted Transcript Deadline set for 11/25/2013. Release of Transcript Restriction set for 1/21/2014. (Rocco, Christine) (Entered: 10/23/2013)

RECAP
36 Dec. 13, 2013

MOTION for Extension of Time to Complete Discovery and to compel the production of documents by Hadiyah Charles. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6) (Karteron, Alexis) (Entered: 12/13/2013)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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RECAP
Dec. 16, 2013

ORDER deferring ruling on 36 Motion for Extension of Time to Complete Discovery: A telephone conference will be held at 12:30 p.m. on December 27, 2013 before the undersigned. Counsel for plaintiff is directed to arrange the call with all parties as well as immediately confirm this conference date and time with defendants' counsel. So Ordered by Chief Magistrate Judge Steven M. Gold on 12/16/2013. (Vasquez, Lea) (Entered: 12/16/2013)

PACER
Dec. 16, 2013

ORDER deferring ruling on 36 Motion for Extension of Time to Complete Discovery: A telephone conference will be held at 12:30 p.m. on December 27, 2013 before the undersigned. Counsel for plaintiff is directed to arrange the call with all parties as well as immediately confirm this conference date and time with defendants' counsel. So Ordered by Chief Magistrate Judge Steven M. Gold on 12/16/2013. (Vasquez, Lea)

37 Dec. 17, 2013

RESPONSE to Motion re 36 MOTION for Extension of Time to Complete Discovery and to compel the production of documents filed by Pamela Benities, Anthony Famighetti, Raymond Kelly, The City Of New York., Raymond Williams. (Attachments: # 1 Exhibit A) (Zuckerman, Mark) (Entered: 12/17/2013)

1 Exhibit A

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RECAP
Dec. 27, 2013

ORDER granting in part and denying in part 36 Motion for Extension of Time to Complete Discovery as indicated in the minute entry for the telephone conference held today. Ordered by Chief Mag. Judge Steven M. Gold on 12/27/2013. (Gold, Steven) (Entered: 12/27/2013)

PACER
Dec. 27, 2013

ORDER granting in part and denying in part 36 Motion for Extension of Time to Complete Discovery as indicated in the minute entry for the telephone conference held today. Ordered by Chief Mag. Judge Steven M. Gold on 12/27/2013. (Gold, Steven)

38 Dec. 30, 2013

Minute Entry for Telephone Conference held on 12/27/2013 before Chief Magistrate Judge Steven M. Gold: Karteron for plaintiff, Zuckerman for defendants. Defendants will review the documents in defendant Benites' force monitoring file and produce all documents related to false arrest allegations by January 6. Defendants will produce the "robbery pattern" documents discussed in docket entries 36 and 37 by January 24. The date for completing fact discovery is extended to January 31. Defendants may move for spoliation sanctions by February 10, with plaintiff's opposition due February 21 and defendants' reply due February 28. Defendants' time to apply for a premotion conference in anticipation of moving for summary judgment is extended to March 17. (Vasquez, Lea) (Entered: 12/30/2013)

RECAP
39 Jan. 7, 2014

MOTION to Unseal Document and to enter stipulation and protective order by Hadiyah Charles. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Karteron, Alexis) (Entered: 01/07/2014)

1 Exhibit A

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2 Exhibit B

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RECAP
Jan. 8, 2014

ORDER granting 39 Motion to Unseal Document and the Stipulation and Protective Order. So Ordered by Chief Magistrate Judge Steven M. Gold on 1/8/2014. (Vasquez, Lea) (Entered: 01/08/2014)

PACER
Jan. 8, 2014

ORDER granting 39 Motion to Unseal Document and the Stipulation and Protective Order. So Ordered by Chief Magistrate Judge Steven M. Gold on 1/8/2014. (Vasquez, Lea)

Jan. 23, 2014

ORDER granting 40 Motion for Extension of Time to Complete Discovery. Ordered by Chief Mag. Judge Steven M. Gold on 1/23/2014. (Gold, Steven) (Entered: 01/23/2014)

PACER
40 Jan. 23, 2014

MOTION for Extension of Time to Complete Discovery ("Robbery Pattern" documents at Docket 38) by Pamela Benities, Anthony Famighetti, Raymond Kelly, The City Of New York., Raymond Williams. (Zuckerman, Mark) (Entered: 01/23/2014)

RECAP
Jan. 23, 2014

ORDER granting 40 Motion for Extension of Time to Complete Discovery. Ordered by Chief Mag. Judge Steven M. Gold on 1/23/2014. (Gold, Steven)

41 Feb. 7, 2014

Letter regarding motion for spoliation sanctions for destruction of video by Pamela Benities, Anthony Famighetti, Raymond Kelly, The City of New York, Raymond Williams (Zuckerman, Mark) (Entered: 02/07/2014)

RECAP
42 Feb. 10, 2014

MOTION for pre motion conference by Pamela Benities, Anthony Famighetti, Raymond Kelly, The City of New York, Raymond Williams. (Zuckerman, Mark) (Entered: 02/10/2014)

RECAP
43 Feb. 18, 2014

RESPONSE in Opposition re 42 MOTION for pre motion conference filed by Hadiyah Charles. (Karteron, Alexis) (Entered: 02/18/2014)

RECAP
44 Feb. 19, 2014

REPLY to Response to Motion re 42 MOTION for pre motion conference filed by Pamela Benities, Anthony Famighetti, Raymond Kelly, The City of New York, Raymond Williams. (Zuckerman, Mark) (Entered: 02/19/2014)

RECAP
45 Feb. 20, 2014

ORDER denying 42 Motion for Pre Motion Conference; See Order on last page. ( Ordered by Judge Sandra L. Townes on 2/12/2014 ) rec. in dkt 2/19 (Guzzi, Roseann) (Entered: 02/20/2014)

RECAP
46 Feb. 25, 2014

ORDER re 43 Response in Opposition to Motion filed by Hadiyah Charles; plaintiff's application to advance the March 17, 2014 deadline for requesting a pre-motion conference is denied without prejudice to raising the issue before Magistrate Judge Gold. ( Ordered by Judge Sandra L. Townes on 2/24/2014 ) (Guzzi, Roseann) (Entered: 02/25/2014)

RECAP
47 March 17, 2014

MOTION for pre motion conference for summary judgment by Pamela Benities, Anthony Famighetti, Raymond Kelly, The City of New York, Raymond Williams. (Attachments: # 1 Rule 56.1 Statement, # 2 Exhibit) (Zuckerman, Mark) (Entered: 03/17/2014)

1 Rule 56.1 Statement

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2 Exhibit

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RECAP
48 March 24, 2014

RESPONSE in Opposition re 47 MOTION for pre motion conference for summary judgment filed by Hadiyah Charles. (Attachments: # 1 Rule 56.1 Statement, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14) (Karteron, Alexis) (Entered: 03/24/2014)

1 Rule 56.1 Statement

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Exhibit 5

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7 Exhibit 6

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8 Exhibit 7

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9 Exhibit 8

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10 Exhibit 9

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11 Exhibit 10

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12 Exhibit 11

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13 Exhibit 12

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14 Exhibit 13

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15 Exhibit 14

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RECAP
49 May 28, 2014

Letter to Court re: Supreme Court's decision in Tolan v. Cotton by Hadiyah Charles (Karteron, Alexis) (Entered: 05/28/2014)

RECAP
May 29, 2014

ORDER granting 47 Motion for Pre Motion Conference. Attorneys knowledgeable about defendants' proposed motion for summary judgment in this action are directed to appear for a pre-motion conference in Courtroom 4B of the Theodore Roosevelt Courthouse, 225 Cadman Plaza East, Brooklyn, New York, on June 9, 2014, at 2:00 p.m. Ordered by Judge Sandra L. Townes on 5/29/2014. (Caspari, Alexander) (Entered: 05/29/2014)

PACER
May 29, 2014

ORDER granting 47 Motion for Pre Motion Conference. Attorneys knowledgeable about defendants' proposed motion for summary judgment in this action are directed to appear for a pre-motion conference in Courtroom 4B of the Theodore Roosevelt Courthouse, 225 Cadman Plaza East, Brooklyn, New York, on June 9, 2014, at 2:00 p.m. Ordered by Judge Sandra L. Townes on 5/29/2014. (Caspari, Alexander)

50 June 18, 2014

NOTICE of Appearance by Jordan S. Wells on behalf of All Plaintiffs (aty to be noticed) (Wells, Jordan) (Entered: 06/18/2014)

RECAP
51 June 18, 2014

Letter MOTION for Discovery re: Plaintiff's Monell Claim by Hadiyah Charles. (Attachments: # 1 Exhibit) (Karteron, Alexis) (Entered: 06/18/2014)

1 Exhibit

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RECAP
June 19, 2014

ORDER deferring ruling on 51 Motion for Discovery: An in-person conference will be held at 3:30 p.m. on July 2, 2014 in Courtroom 13-D South before the undersigned. Counsel for plaintiff is directed to immediately confirm this conference date and time with defendants' counsel. So Ordered by Chief Magistrate Judge Steven M. Gold on 6/19/2014. (Vasquez, Lea) (Entered: 06/19/2014) 53 Letter MOTION to Adjourn Conference scheduled for July 2, 2014 by Hadiyah Charles. (Karteron, Alexis) (Entered: 06/19/2014)

PACER
June 19, 2014

ORDER deferring ruling on 51 Motion for Discovery: An in-person conference will be held at 3:30 p.m. on July 2, 2014 in Courtroom 13-D South before the undersigned. Counsel for plaintiff is directed to immediately confirm this conference date and time with defendants' counsel. So Ordered by Chief Magistrate Judge Steven M. Gold on 6/19/2014. (Vasquez, Lea)

52 June 19, 2014

Consent MOTION for Extension of Time to File motion for summary judgment and spoliation sanctions by Pamela Benities, Anthony Famighetti, Raymond Kelly, The City of New York, Raymond Williams. (Zuckerman, Mark) (Entered: 06/19/2014)

RECAP
53 June 19, 2014

Letter MOTION to Adjourn Conference scheduled for July 2, 2014 by Hadiyah Charles. (Karteron, Alexis) (Entered: 06/19/2014)

RECAP
June 20, 2014

ORDER granting 53 Motion to Adjourn Conference: The conference scheduled for July 2nd will instead be held at 3:00 p.m. on July 7th. So Ordered by Chief Magistrate Judge Steven M. Gold on 6/20/2014. (Vasquez, Lea)

54 June 23, 2014

RESPONSE in Opposition re 51 Letter MOTION for Discovery re: Plaintiff's Monell Claim filed by Pamela Benities, Anthony Famighetti, Raymond Kelly, The City of New York, Raymond Williams. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Zuckerman, Mark) (Entered: 06/23/2014)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

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4 Exhibit D

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5 Exhibit E

View on PACER

RECAP
55 June 24, 2014

ORDER dated 6/20/14 granting 52 Motion for Extension of Time to File. Extension granted on Consent. ( Ordered by Judge Sandra L. Townes on 6/20/2014 ) (Guzzi, Roseann) (Entered: 06/24/2014)

RECAP
July 8, 2014

ORDER granting 51 Motion for Discovery to the extent indicated in the minute entry for the conference held on July 7, 2014. So Ordered by Chief Magistrate Judge Steven M. Gold on 7/8/2014. (Vasquez, Lea)

56 July 8, 2014

Minute Entry for Status Conference held on 7/7/2014 before Chief Magistrate Judge Steven M. Gold: Karteron and Wells for plaintiff, Zuckerman for defendants. Plaintiff may propound Monell written discovery demands by July 11. For the time being, these demands will be limited as indicated on the record to general policies and procedures for dealing with onlookers and particularly recording onlookers and training about them. Defendants will respond by August 15. Counsel will submit a letter by September 12 indicating whether they seek a further conference. (Tape #FTR 2:52-3:08.) (Vasquez, Lea) (Entered: 07/08/2014)

RECAP
57 July 8, 2014

Letter regarding proposed briefing schedule on the individual defendants motoin for summary judgment and spoliation sanctions by Pamela Benities, Anthony Famighetti, Raymond Kelly, The City of New York, Raymond Williams (Zuckerman, Mark) (Entered: 07/08/2014)

RECAP
58 July 11, 2014

SCHEDULING ORDER: dated 7/11/14 re 57 Letter regarding proposed briefing schedule on the individual defendants motoin for summary judgment and spoliation sanctions by Pamela Benities, Anthony Famighetti, Raymond Kelly, The City of New York, Raymond Williams (Zuckerman, Mark); GRANTED. ( Ordered by Judge Sandra L. Townes on 7/11/2014 ) (Guzzi, Roseann) (Entered: 07/15/2014)

RECAP
59 July 16, 2014

TRANSCRIPT of Proceedings held on July 7, 2014, before Judge Gold. Court Transcriber: Fiore Reporting and Transcription Service, Inc, Telephone number (203)929-9992. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/6/2014. Redacted Transcript Deadline set for 8/18/2014. Release of Transcript Restriction set for 10/14/2014. (Rocco, Christine) (Entered: 07/16/2014)

RECAP
60 Aug. 6, 2014

Joint MOTION for Extension of Time to File Summay Judgment Motion Papers by Hadiyah Charles. (Karteron, Alexis) (Entered: 08/06/2014)

RECAP
61 Aug. 12, 2014

ORDER dated 8/11/14 granting 60 Motion for Extension of Time to File. ( Ordered by Judge Sandra L. Townes on 8/11/2014 ) (Guzzi, Roseann) (Entered: 08/12/2014)

RECAP
62 Aug. 14, 2014

Consent MOTION for Extension of Time to Complete Discovery (responses to written Monell discovery at Docket 56) by The City of New York. (Zuckerman, Mark) (Entered: 08/14/2014)

RECAP
Aug. 15, 2014

ORDER granting 62 Motion for Extension of Time to Complete Discovery: Defendants time to respond to plaintiffs written Monell discovery demands is extended from August 15, 2014. So Ordered by Chief Magistrate Judge Steven M. Gold on 8/15/2014. (Vasquez, Lea)

63 Sept. 12, 2014

STATUS REPORT re: Monell discovery and request for conference by Hadiyah Charles (Karteron, Alexis) (Entered: 09/12/2014)

RECAP
Sept. 15, 2014

ORDER re 63 Status Report filed by Hadiyah Charles: An in-person conference will be held at 2:00 p.m. on October 24, 2014 before the undersigned in Courtroom 13-D South. Counsel for plaintiff is directed to immediately confirm this conference date and time with defendants' counsel. So Ordered by Chief Magistrate Judge Steven M. Gold on 9/15/2014. (Vasquez, Lea) (Entered: 09/15/2014)

PACER
Sept. 15, 2014

ORDER re 63 Status Report filed by Hadiyah Charles: An in-person conference will be held at 2:00 p.m. on October 24, 2014 before the undersigned in Courtroom 13-D South. Counsel for plaintiff is directed to immediately confirm this conference date and time with defendants' counsel. So Ordered by Chief Magistrate Judge Steven M. Gold on 9/15/2014. (Vasquez, Lea)

64 Sept. 15, 2014

MOTION to Adjourn Conference scheduled for October 24, 2014 by Hadiyah Charles. (Karteron, Alexis) (Entered: 09/15/2014)

RECAP
Sept. 16, 2014

ORDER granting 64 Motion to Adjourn Conference: The conference scheduled for October 24th will instead be held at 11:30 a.m. on October 28, 2014. So Ordered by Chief Magistrate Judge Steven M. Gold on 9/16/2014. (Vasquez, Lea) (Entered: 09/16/2014)

PACER

Case Details

State / Territory:

New York

Case Type(s):

Policing

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 17, 2012

Closing Date: 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

New York resident arrested while filming an arrest.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

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):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Freedom of speech/association

Unreasonable search and seizure

Other Dockets:

Eastern District of New York 1:12-cv-06180

Available Documents:

Complaint (any)

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 45,000

Issues

General/Misc.:

Failure to train

Search policies

Jails, Prisons, Detention Centers, and Other Institutions:

Over/Unlawful Detention (facilities)

Policing:

Excessive force

False arrest

Recommended Citation