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/


Attorneys(s) for Plaintiff

Dunn, Christopher (New York)

Hodgson, Robert (New York)

Karteron, Alexis (New York)

Kovel, Mariana Louise (New York)

Wells, Jordan (New York)

Attorneys(s) for Defendant

Carter, Zachary W. (New York)

Zuckerman, Mark (New York)

Expert/Monitor/Master

Gold, Steven M. (New York)

Townes, Sandra L. (New York)

Attorneys(s) for Plaintiff

Dunn, Christopher (New York)

Hodgson, Robert (New York)

Karteron, Alexis (New York)

Kovel, Mariana Louise (New York)

Wells, Jordan (New York)

Attorneys(s) for Defendant

Carter, Zachary W. (New York)

Zuckerman, Mark (New York)

Expert/Monitor/Master

Gold, Steven M. (New York)

Townes, Sandra L. (New York)

Documents in the Clearinghouse

Document

Docket [PACER]

June 9, 2017 Docket
1

Complaint

Dec. 17, 2012 Complaint
16

Amended Complaint

April 15, 2013 Complaint
122

Memorandum and Order

Charles v. The City Of New York

2017 WL 530460

Feb. 7, 2017 Order/Opinion
128

Stipulation of Settlement and Order of Dismissal

Charles v. The City Of New York

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 May 13, 2022

ECF Number Description Date Link
1

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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Dec. 17, 2012 PACER
2

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

Dec. 17, 2012 PACER

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

Dec. 17, 2012 PACER
3

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)

Dec. 18, 2012 PACER
4

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)

Dec. 27, 2012 PACER

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)

Dec. 27, 2012 PACER
5

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)

Jan. 3, 2013 PACER

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)

Jan. 3, 2013 PACER
6

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)

Jan. 7, 2013 PACER
7

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

Jan. 7, 2013 PACER
8

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

Jan. 7, 2013 PACER
9

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

Jan. 7, 2013 PACER
10

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)

Jan. 8, 2013 PACER
11

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

March 4, 2013 PACER
12

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

March 4, 2013 PACER
13

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

March 8, 2013 RECAP
14

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)

March 13, 2013 PACER
15

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

April 11, 2013 RECAP

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)

April 11, 2013 PACER
16

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

April 15, 2013 RECAP
17

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

April 16, 2013 PACER
18

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

April 18, 2013 PACER
19

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

April 25, 2013 PACER

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)

April 26, 2013 PACER
20

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)

April 26, 2013 PACER
21

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)

April 26, 2013 PACER
22

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)

April 30, 2013 PACER
23

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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May 1, 2013 PACER
24

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)

May 3, 2013 PACER
25

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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May 15, 2013 PACER

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)

May 15, 2013 PACER
26

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

June 5, 2013 PACER

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)

June 6, 2013 PACER
27

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

July 2, 2013 PACER
28

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)

July 2, 2013 PACER
29

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)

July 2, 2013 PACER

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)

July 3, 2013 PACER
30

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)

Aug. 19, 2013 PACER

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)

Aug. 19, 2013 PACER
31

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

Sept. 30, 2013 PACER

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)

Oct. 1, 2013 PACER
32

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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Oct. 4, 2013 PACER
33

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)

Oct. 8, 2013 PACER
34

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)

Oct. 9, 2013 PACER
35

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)

Oct. 23, 2013 PACER
36

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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Dec. 13, 2013 PACER

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)

Dec. 16, 2013 PACER
37

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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Dec. 17, 2013 PACER

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)

Dec. 27, 2013 PACER
38

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)

Dec. 30, 2013 PACER
39

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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Jan. 7, 2014 PACER

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. 8, 2014 PACER
40

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)

Jan. 23, 2014 PACER

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)

Jan. 23, 2014 PACER
41

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)

Feb. 7, 2014 PACER
42

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)

Feb. 10, 2014 PACER
43

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

Feb. 18, 2014 PACER
44

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)

Feb. 19, 2014 PACER
45

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)

Feb. 20, 2014 PACER
46

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)

Feb. 25, 2014 PACER
47

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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March 17, 2014 PACER
48

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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March 24, 2014 PACER
49

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

May 28, 2014 PACER
50

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

June 18, 2014 PACER
51

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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June 18, 2014 PACER
52

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)

June 19, 2014 PACER
53

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

June 19, 2014 PACER
54

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

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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June 23, 2014 PACER
55

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)

June 24, 2014 PACER
56

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)

July 8, 2014 PACER
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) (Entered: 07/08/2014)

July 8, 2014 PACER
58

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)

July 11, 2014 PACER
59

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)

July 16, 2014 PACER
60

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

Aug. 6, 2014 PACER
61

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)

Aug. 12, 2014 PACER
62

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)

Aug. 14, 2014 PACER
63

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

Sept. 12, 2014 PACER
64

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

Sept. 15, 2014 PACER
65

Consent MOTION for Extension of Time to File Response/Reply (reply brief-motion for summary judgment and spoliation sanctions) by Pamela Benities, Anthony Famighetti, Raymond Williams. (Zuckerman, Mark) (Entered: 09/24/2014)

Sept. 24, 2014 PACER
66

Letter to Judge Townes re: service of motion opposition papers by Hadiyah Charles (Karteron, Alexis) (Entered: 09/26/2014)

Sept. 26, 2014 PACER
67

ORDER granting 65 Motion for Extension of Time to File Response/Reply; The application is granted. Ordered by Judge Sandra L. Townes on 9/25/2014. (Fernandez, Erica) (Entered: 09/29/2014)

Sept. 29, 2014 PACER
68

MOTION for Summary Judgment and spoliation sanctions by Pamela Benities, Anthony Famighetti, Raymond Williams. (Zuckerman, Mark) (Entered: 10/08/2014)

Oct. 8, 2014 RECAP
69

RULE 56.1 STATEMENT filed by Pamela Benities, Anthony Famighetti, Raymond Williams. (Zuckerman, Mark) (Entered: 10/08/2014)

Oct. 8, 2014 PACER
70

AFFIDAVIT/DECLARATION in Support re 68 MOTION for Summary Judgment and spoliation sanctions filed by Pamela Benities, Anthony Famighetti, Raymond Williams. (Attachments: # 1 Exhibit A-N) (Zuckerman, Mark) (Entered: 10/08/2014)

1 Exhibit A-N

View on PACER

Oct. 8, 2014 PACER
71

AFFIDAVIT/DECLARATION in Support re 68 MOTION for Summary Judgment and spoliation sanctions (Anthony Famighetti) filed by Pamela Benities, Anthony Famighetti, Raymond Williams. (Zuckerman, Mark) (Entered: 10/08/2014)

Oct. 8, 2014 PACER
72

MEMORANDUM in Support of motion for summary judgment and spoliation sanctions filed by Pamela Benities, Anthony Famighetti, Raymond Williams. (Zuckerman, Mark) (Entered: 10/08/2014)

Oct. 8, 2014 RECAP
73

AFFIDAVIT/DECLARATION in Support re 68 MOTION for Summary Judgment and spoliation sanctions (supplemental) filed by Pamela Benities, Anthony Famighetti, Raymond Williams. (Attachments: # 1 Exhibit O-P) (Zuckerman, Mark) (Entered: 10/08/2014)

1 Exhibit O-P

View on PACER

Oct. 8, 2014 PACER
74

MEMORANDUM in Support (supplemental) filed by Pamela Benities, Anthony Famighetti, Raymond Williams. (Zuckerman, Mark) (Entered: 10/08/2014)

Oct. 8, 2014 PACER
75

RULE 56.1 STATEMENT (supplemental) filed by Pamela Benities, Anthony Famighetti, Raymond Williams. (Zuckerman, Mark) (Entered: 10/08/2014)

Oct. 8, 2014 PACER
76

RULE 56.1 STATEMENT (plaintiff's opposition 56.1 statement) filed by Pamela Benities, Anthony Famighetti, Raymond Williams. (Zuckerman, Mark) (Entered: 10/08/2014)

Oct. 8, 2014 RECAP
77

AFFIDAVIT/DECLARATION in Opposition re 68 MOTION for Summary Judgment and spoliation sanctions (Alexis Karteron) filed by Pamela Benities, Anthony Famighetti, Raymond Williams. (Attachments: # 1 Exhibit 1-20) (Zuckerman, Mark) (Entered: 10/08/2014)

1 Exhibit 1-20

View on PACER

Oct. 8, 2014 RECAP
78

AFFIDAVIT/DECLARATION in Opposition re 68 MOTION for Summary Judgment and spoliation sanctions (Hadiyah Charles) filed by Pamela Benities, Anthony Famighetti, Raymond Williams. (Zuckerman, Mark) (Entered: 10/08/2014)

Oct. 8, 2014 PACER
79

MEMORANDUM in Opposition filed by Pamela Benities, Anthony Famighetti, Raymond Williams. (Zuckerman, Mark) (Entered: 10/08/2014)

Oct. 8, 2014 RECAP
80

REPLY to Response to Motion re 68 MOTION for Summary Judgment and spoliation sanctions filed by Pamela Benities, Anthony Famighetti, Raymond Williams. (Zuckerman, Mark) (Entered: 10/08/2014)

Oct. 8, 2014 PACER
81

Letter regarding issues to be discussed at October 28 status conference by Hadiyah Charles (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (Wells, Jordan) (Entered: 10/23/2014)

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

3 Exhibit 3

View on RECAP

Oct. 23, 2014 RECAP
82

Letter in response to letter of plaintiff of October 23, 2014 at Docket 81 by Pamela Benities, Anthony Famighetti, Raymond Kelly, The City of New York, Raymond Williams (Attachments: # 1 Exhibit A) (Zuckerman, Mark) (Entered: 10/24/2014)

1 Exhibit A

View on PACER

Oct. 24, 2014 PACER
83

Minute Entry for Status Conference held on 10/28/2014 before Chief Magistrate Judge Steven M. Gold: Karteron for plaintiff, Zuckerman for defendants. Various discovery rulings on the record. Defendants will answer interrogatories and indicate whether IAB or CCRB categorizes complaints by type (including the type at issue here) and, if so, report on the number of analogous complaints, broken out by time period, by November 14. Defendants will search for relevant Finest messages and produce same by December1. By December 1, defendants will have produced all training and policy material they will rely on in substantive motion practice or at trial. NEXT CONFERENCE: DECEMBER 23, 2014 AT 10:00 AM. Counsel shall submit letters identifying the issues to be raised at the next conference by December 19. (Tape #FTR 11:33-12:01.) (Vasquez, Lea) (Entered: 10/30/2014)

Oct. 30, 2014 PACER
84

TRANSCRIPT of Proceedings held on October 28, 2014, before Judge Gold. Court Transcriber: ARIA SERVICES, INC, Telephone number 845-260-1377. 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.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 11/28/2014. Redacted Transcript Deadline set for 12/8/2014. Release of Transcript Restriction set for 2/4/2015. (Rocco, Christine) (Entered: 11/06/2014)

Nov. 6, 2014 PACER
85

Consent MOTION for Extension of Time to Complete Discovery (Docket 83) by The City of New York. (Zuckerman, Mark) (Entered: 11/13/2014)

Nov. 13, 2014 PACER
86

Consent MOTION for Extension of Time to Complete Discovery (Monell) by The City of New York. (Zuckerman, Mark) (Entered: 12/01/2014)

Dec. 1, 2014 PACER

State / Territory: New York

Case Type(s):

Policing

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 of New York (New York, Kings), City

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Unreasonable search and seizure

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 45,000

Issues

General:

Excessive force

Failure to train

False arrest

Over/Unlawful Detention

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