Case: Matthews v. City of New York

1:12-cv-01354 | U.S. District Court for the Southern District of New York

Filed Date: Feb. 1, 2012

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On February 23, 2012 the plaintiff, a New York City Police Officer, filed a complaints against the City of New York, under 42 U.S.C. § 1983, in the U.S. District Court for the Southern District of New York. The plaintiff, represented by the New York Civil Liberties Union (NYCLU), sought compensatory damages and an injunction ordering the City of New York to cease all retaliation against the plaintiff. He claimed that his superiors at his precinct had targeted him for retaliation and harassment,…

On February 23, 2012 the plaintiff, a New York City Police Officer, filed a complaints against the City of New York, under 42 U.S.C. § 1983, in the U.S. District Court for the Southern District of New York. The plaintiff, represented by the New York Civil Liberties Union (NYCLU), sought compensatory damages and an injunction ordering the City of New York to cease all retaliation against the plaintiff. He claimed that his superiors at his precinct had targeted him for retaliation and harassment, because he had repeatedly complained about the use of an illegal quota system at his precinct. According to his complaint, these practices were in violation of the First Amendment to the United States Constitution and Art. I, § 8 of the New York State Constitution.

Specifically, the plaintiff police officer claimed that an illegal system of quotas mandating numbers of arrests, summonses, and stop-and-frisks was in use in the 42nd precinct. He alleged that police officers were under intense pressure to meet their quotas and that officers who do not meet their quotas faced punishments ranging from undesirable assignments or the loss of overtime to separation from partners and poor evaluations. He stated that on four occasions he complained to his commanding officers about the use of the quota system by his mid-level superiors, but that no action was taken to stop the practice.

As a result of his complaints, he was personally targeted by his mid-level superiors for harassment and retaliation. Specifically, in his 2010 and 2011 evaluations, he received reduced marks that put him at risk of being fired, accompanied by comments such as "[he] is argumentative and questioning regarding his assignments." He was also permanently reassigned to a new partner, unique among officers who failed to meet their quotas, and he was denied overtime, time off, and was denied the sorts of assignments that offer overtime and that officers of his seniority usually would receive.

On April 12, 2012, Judge Barbara S. Jones granted the defendants' motion to dismiss. Matthews v. City of New York, No. 12 CV 1354 (BSJ), 2012 WL 8084831 (S.D.N.Y. April 12, 2012). The court found that the plaintiff police officer was acting as an employee and not as a civilian when he notified his superiors of the quota system. Thus, the Court held his speech was not entitled to First Amendment protection.

On November 28, 2012, the Court of Appeals for the Second Circuit reversed. Matthews v. City of New York, 488 Fed. Appx. 532 (2d Cir. 2012). The Court found that there was insufficient discovery to conclude that the plaintiff spoke pursuant to his official duties, and so ordered the district court to re-open the case and begin discovery proceedings in order to decide whether as a matter of law the plaintiff's speech was entitled to constitutional protection.

On remand, on July 29, 2013, Paul Adam Engelmayer of the District Court for the Southern District of New York granted summary judgment for the defendant. Matthews v. City of New York, 957 F.Supp.2d 442 (S.D.N.Y. 2013). The court found that the police officer was speaking pursuant to his official duties and therefore held that his speech was unprotected by the Constitution.

On August 1, 2013, the plaintiff appealed the summary judgment order to the Second Circuit. On February 26, 2015, the Second Circuit (Judges John M. Walker, Peter W. Hall, Garvan Murtha of the United States District Court District of Vermont, sitting by designation) vacated the district court's grant of summary judgment, finding that the plaintiff police officer's comments on precinct policy did not fall within his official duties and that he spoke as a citizen because he elected a channel with a civilian analogue to pursue his complaint. 779 F.3d 167. The Second Circuit remanded the case to the district court. The parties and the district court formed a new case management plan and the parties proceeded with fact discovery. A settlement conference was held before Magistrate Judge Debra C. Freeman on October 27, 2015.

On November 17, 2015, the parties notified the court that they had reached a verbal agreement on the material terms of a settlement. Judge Englemayer entered the parties' stipulation and order of settlement and dismissal on December 7, 2015. Under the settlement agreement, the defendant agreed: 1) to void the plaintiff police officer's 2011 evaluation's 2.5 rating and to confirm in writing that the plaintiff was no longer subject to Level 1 Command Monitoring as a result of his 2011 negative rating now deemed void; 2) to pay the plaintiff back wages of $35,582.78; 3) to pay the plaintiff compensatory damages of $125,000; and 4) to pay attorney fees of $130,000 to the NYCLU. Upon the defendants' compliance with the above terms, the action was dismissed with prejudice.

The case is now closed.

Summary Authors

Nick Kabat (3/9/2014)

Sarah McDonald (8/13/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4350280/parties/matthews-v-city-of-new-york/

Judge(s)
Attorney for Plaintiff
Attorney for Defendant

Abeysekera, Samantha (New York)

Abt, Uriel Benjamin (New York)

Akina, William Keaupuni (New York)

Anakhu, Joy Tolulope (New York)

Anci, Joseph (New York)

Judge(s)

Carney, Susan Laura (Connecticut)

Engelmayer, Paul Adam (New York)

Jones, Barbara S. (New York)

Raggi, Reena (New York)

Attorney for Plaintiff

Dunn, Christopher (New York)

Harrist, Erin Beth (New York)

Attorney for Defendant

Abeysekera, Samantha (New York)

Abt, Uriel Benjamin (New York)

Akina, William Keaupuni (New York)

Anakhu, Joy Tolulope (New York)

Anci, Joseph (New York)

Anderson, Robert James (New York)

Aribakan, Suzanne Emily (New York)

Arko, Christopher G. (New York)

Aroubas, Shlomit (New York)

Ashanti, Karl J. (New York)

Auletta, Steven Joseph (New York)

Bahrenburg, Richard (New York)

Balog, Aliza Jordana (New York)

Bardauskis, Elizabeth Barrett (New York)

Barnett, Camille Danielle (New York)

Bartlett, Caroline Firth (New York)

Bauman, Wesley Eugene (New York)

Beath, Patrick Neil (New York)

Beck, Curt Peter (New York)

Bergman, Zachary Russell (New York)

Binder, Robin (New York)

Birnbaum, Brooke Allyson (New York)

Blackman, Duane G. (New York)

Blank, Shira M. (New York)

Blocker, Tanya N (New York)

Bloom, Karl Adam (New York)

Bogni, Jason Robert (New York)

Booth, Amatullah Khaliha (New York)

Bouriat, Christopher Saleh (New York)

Braun, Daniel Michael (New York)

Brennan, Ave Maria (New York)

Breslow, Stephanie Marie (New York)

Bridge, Matthew (New York)

Brocker, Peter William (New York)

Brooks, Jeffrey Charles (New York)

Brown, Cherie N. (New York)

Brustein, Evan (New York)

Bruzzese, Sheryl Ann (New York)

Budhu, Ryan (New York)

Burleson, Shana Lynn (New York)

Byrns, Katherine Abigail (New York)

Cahill, Kathleen J. (New York)

Calhoun, Martha Anne (New York)

Calistro, Phyllis Gail (New York)

Canfield, Donna Anne (New York)

Carey, Charles Edward (New York)

Carter, Zachary W. (New York)

Castro, Johana Vanessa (New York)

Catalano, Thomas A. (New York)

Cavalieri, Meghan Ann (New York)

Ceballo, Brian Paul (New York)

Ceriello, Colin M. (New York)

Chen, Caroline Ling-Yu (New York)

Chestnov, Michael (New York)

Cheung, Carla Lyn (New York)

Chiu, Daniel (New York)

Ciappetta, Nicholas Robert (New York)

Clark, Shawn Raymond (New York)

Cohen, Jessica Talia (New York)

Collyer, Adam Edward (New York)

Connelly, Elizabeth Colette (New York)

Conway, Susan K. (New York)

Conway, Shannon W. (New York)

Conway, Kimberly (New York)

Cooper, David Allen (New York)

Correia, Doreen J. (New York)

Corsi, Alexandra (New York)

Coyne, Jennifer Angela (New York)

Coyne, Christopher John (New York)

D'Andrea, Theresa Jeanine (New York)

Dandrige, Danielle M. (New York)

Dantowitz, Jeffrey Scott (New York)

Deatley, Tavish C. (New York)

DeCastro, Maria Fernanda (New York)

Deconinck, Magda M. (New York)

Degori, Elizabeth Carolyn (New York)

DePaul, Philip Rudolph (New York)

Depoian, Carolyn Kay (New York)

Dervin, James Monroe (New York)

Desmond, James Finbar (New York)

Devlin, Austa Starr (New York)

DiSenso, Anthony M. (New York)

Dollin, Elizabeth (New York)

Dunn-Jones, Felicia (New York)

Edmonds, Elizabeth (New York)

Eichenholtz, Eric Jay (New York)

Eisner, Susan B. (New York)

Ekelman, Felice B. (New York)

Elfenbein, Randall Marc (New York)

Englert, Eviana Linnea (New York)

Evans, Sarah Beth (New York)

Fabian, Shawn (New York)

Faddis, Hannah Victoria (New York)

Farrar, Brian Jeremy (New York)

Farrell, Odile Maun (New York)

Farrell, Peter Gerard (New York)

Ferrari, David (New York)

Fett, Baree Nichole (New York)

Fitzgibbon, Kaitlin Elizabeth (New York)

Fleming, Michael Friel (New York)

Fogarty, Peter John (New York)

Foley, Eamonn F. (New York)

Fraenkel, William S.J. (New York)

Francolla, Brian Christopher (New York)

Frank, Philip S. (New York)

Friedman, Steven A. (New York)

Friedman, Joshua Mathew (New York)

Frommer, Hillary A. (New York)

Fudim, Elissa Paulette (New York)

Garcia, John L (New York)

Garman, Ashley Rebecca (New York)

Gatz, Lara Treinis (New York)

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Hirschklau, Rebecca Rachel (New York)

Hoey, Thomas M. (New York)

Hoffman, Beth J (New York)

Hopkins, Joseph E. (New York)

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Sud, Sumit (New York)

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Swartz, Rhiana L. (New York)

Sweet, Emily (New York)

Telfort, Pernell Michael (New York)

Thadani, Kavin Suresh (New York)

Thomas, Gillian C (New York)

Toews, Mark Galen (New York)

Traverse, Benjamin John (New York)

Vizzo, Ana Maria (New York)

Voigt, Diana Goell (New York)

Wachs, Melissa (New York)

Waldauer, Jonathan Max (New York)

Water, Virginia (New York)

Weall, Katherine Jane (New York)

Weiler, Fred Michael (New York)

Weinblatt, Amy J. (New York)

Weingarten, Richard Keith (New York)

Weir, Matthew Charles (New York)

Weiss, Dara Lynn (New York)

Weiss, Jed Matthew (New York)

Welch, Alicia Hayley (New York)

Weng, Jenny (New York)

Wenzel, Andrew Patrick (New York)

Wertheimer, Joshua Chanan (New York)

Wise, Desiree Adams (New York)

Wolf, Joshua Matthew (New York)

Yi, Gloria Mihee (New York)

York, City of (New York)

Zangrilli, Joseph Peter (New York)

Zgodny, Vicki Becker (New York)

Zimmerman, Tobias Eli (New York)

Zuber, Hugh A. (New York)

Zuckerman, Mark David (New York)

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Documents in the Clearinghouse

Document

1:12-cv-01354

Docket [PACER]

Dec. 7, 2015

Dec. 7, 2015

Docket
1

1:12-cv-01354

Complaint

Feb. 23, 2012

Feb. 23, 2012

Complaint
18

1:12-cv-01354

Order Granting Motion To Dismiss

April 12, 2012

April 12, 2012

Order/Opinion

2012 WL 8084831

30

1:12-cv-01354

Order Vacating District Court Order and Remanding Case for Further Proceedings

Dec. 19, 2012

Dec. 19, 2012

Order/Opinion
47

1:12-cv-01354

Order Granting Motion For Summary Judgment

July 29, 2013

July 29, 2013

Order/Opinion

957 F.Supp.2d 442

60

1:12-cv-01354

13-02915

Opinion

U.S. Court of Appeals for the Second Circuit

Feb. 26, 2015

Feb. 26, 2015

Order/Opinion
67

1:12-cv-01354

Stipulation and Order of Settlement and Dismissal

Dec. 7, 2015

Dec. 7, 2015

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4350280/matthews-v-city-of-new-york/

Last updated Dec. 18, 2024, 5:32 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Jon Bloch, City of New York, Raymond Kelly, Mark Sedran. (Filing Fee $ 350.00, Receipt Number 465401030545)Document filed by Craig Matthews.(rdz) (Entered: 02/27/2012)

Feb. 23, 2012

Feb. 23, 2012

PACER
2

NOTICE OF APPEARANCE by William Solomon Jacob Fraenkel on behalf of Jon Bloch, City of New York, Raymond Kelly, Mark Sedran (Fraenkel, William) (Entered: 02/27/2012)

Feb. 27, 2012

Feb. 27, 2012

PACER
3

ORDER: The Court is in receipt of Plaintiff's letter request that the Court schedule a conference so that he may present an Order to Show Cause to expedite discovery and to schedule a preliminary injunction hearing in this matter. The Parties are directed to appear for such conference on March 8, 2012, at 2:30 p.m. in Courtroom 17C of the United States District Court, 500 Pearl Street, New York, NY 10007. (Signed by Judge Barbara S. Jones on 2/29/2012) (mro) Modified on 3/2/2012 (mro). (Entered: 03/01/2012)

Feb. 29, 2012

Feb. 29, 2012

PACER
4

AFFIDAVIT OF SERVICE. Raymond Kelly served on 2/24/2012, answer due 3/16/2012. Service was accepted by Dimitriy Aranov. Document filed by Craig Matthews. (Dunn, Christopher) (Entered: 03/05/2012)

March 5, 2012

March 5, 2012

PACER
5

AFFIDAVIT OF SERVICE. Jon Bloch served on 2/24/2012, answer due 3/16/2012. Service was accepted by Syria Henriquez. Document filed by Craig Matthews. (Dunn, Christopher) (Entered: 03/05/2012)

March 5, 2012

March 5, 2012

PACER
6

AFFIDAVIT OF SERVICE. Mark Sedran served on 2/24/2012, answer due 3/16/2012. Service was accepted by Syria Henriquez. Document filed by Craig Matthews. (Dunn, Christopher) (Entered: 03/05/2012)

March 5, 2012

March 5, 2012

PACER
7

AFFIDAVIT OF SERVICE. City of New York served on 2/24/2012, answer due 3/16/2012. Service was accepted by Dimitriy Aronov. Document filed by Craig Matthews. (Dunn, Christopher) (Entered: 03/05/2012)

March 5, 2012

March 5, 2012

PACER
8

AFFIDAVIT OF SERVICE. Service was accepted by Dimitriy Aronov. Document filed by Craig Matthews. (Dunn, Christopher) (Entered: 03/05/2012)

March 5, 2012

March 5, 2012

PACER
9

ENDORSED LETTER addressed to Judge Barbara S. Jones from William S.J. Fraenkel dated 3/1/2012 re: Request for rescheduling of March 8th conference. ENDORSEMENT: The conference is rescheduled for 10:00 a.m. on March 9, 2012. (Signed by Judge Barbara S. Jones on 3/5/2012) (rjm) (Entered: 03/06/2012)

March 6, 2012

March 6, 2012

PACER
10

ORDER: After hearing the parties' arguments at a conference on March 9, 2012, regarding Plaintiff's Order to Show Cause to Expedite Discovery and to Schedule Preliminary Injunction Proceedings, the Court denies Plaintiff's request for expedited discovery pending the Court's decision on Defendant's Motion to Dismiss. Defendant shall submit its Motion to Dismiss and supporting Memorandum of Law on or before Friday, March 16, 2012. The Plaintiff shall submit his Opposition Memorandum on or before Tuesday, March 27, 2012. Defendant shall submit any Reply on or before March 30, 2012. The Court will hold oral argument on the Motion to Dismiss on April 4, 2012, at 10 a.m. in Courtroom 17C of the United States District Court, 500 Pearl Street, New York, NY 10007. (Signed by Judge Barbara S. Jones on 3/9/2012) (jfe) (Entered: 03/09/2012)

March 9, 2012

March 9, 2012

PACER
11

FIRST MOTION to Dismiss. Document filed by Jon Bloch, City of New York, Raymond Kelly, Mark Sedran. Responses due by 3/27/2012 Return Date set for 4/4/2012 at 10:00 AM.(Fraenkel, William) (Entered: 03/16/2012)

March 16, 2012

March 16, 2012

PACER
12

FIRST MEMORANDUM OF LAW in Support re: 11 FIRST MOTION to Dismiss.. Document filed by Jon Bloch, City of New York, Raymond Kelly, Mark Sedran. (Fraenkel, William) (Entered: 03/16/2012)

March 16, 2012

March 16, 2012

PACER
13

LAW STUDENT INTERN APPEARANCE FORM for Holly Mowforth, as further set forth in this document. (Signed by Judge Barbara S. Jones on 3/9/2012) (cd) (Entered: 03/20/2012)

March 20, 2012

March 20, 2012

PACER
14

LAW STUDENT INTERN APPEARANCE FORM for Jake Turner, as further set forth in this document. (Signed by Judge Barbara S. Jones on 3/9/2012) (cd) (Entered: 03/20/2012)

March 20, 2012

March 20, 2012

PACER
15

LAW STUDENT INTERN APPEARANCE FORM for Kate Deniger, and as further set forth in this document. (Signed by Judge Barbara S. Jones on 3/9/2012) (cd) (Entered: 03/20/2012)

March 20, 2012

March 20, 2012

PACER
16

MEMORANDUM OF LAW in Opposition re: 11 FIRST MOTION to Dismiss.. Document filed by Craig Matthews. (Dunn, Christopher) (Entered: 03/27/2012)

March 27, 2012

March 27, 2012

PACER
17

REPLY MEMORANDUM OF LAW in Support re: 11 FIRST MOTION to Dismiss.. Document filed by Jon Bloch, City of New York, Raymond Kelly, Mark Sedran. (Fraenkel, William) (Entered: 03/30/2012)

March 30, 2012

March 30, 2012

PACER
18

ORDER: granting 11 Motion to Dismiss. The City's Motion to Dismiss is GRANTED. The clerk of the court is directed to terminate the motion at docket number 11. (Signed by Judge Barbara S. Jones on 4/12/2012) (pl) Modified on 4/12/2012 (pl). (Entered: 04/12/2012)

April 12, 2012

April 12, 2012

PACER
19

NOTICE OF APPEAL from 18 Order on Motion to Dismiss. Document filed by Craig Matthews. Filing fee $ 455.00, receipt number 0208-7399084. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Dunn, Christopher) (Entered: 04/20/2012)

April 20, 2012

April 20, 2012

PACER
20

CLERK'S JUDGMENT That for the reasons stated in the Court's Order dated April 12, 2012, the Citys motion to dismiss is granted. (Signed by Clerk of Court Ruby Krajick on 4/23/12) (Attachments: # 1 Notice of Right to Appeal)(dt) (Entered: 04/23/2012)

1 Notice of Right to Appeal

View on PACER

April 23, 2012

April 23, 2012

PACER
21

TRANSCRIPT of Proceedings re: CONFERNCE held on 4/5/2012 before Judge Barbara S. Jones. Court Reporter/Transcriber: Jennifer Thun, (212) 805-0300. 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 5/29/2012. Redacted Transcript Deadline set for 6/7/2012. Release of Transcript Restriction set for 8/6/2012.(McGuirk, Kelly) (Entered: 05/04/2012)

May 4, 2012

May 4, 2012

PACER
22

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/5/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 05/04/2012)

May 4, 2012

May 4, 2012

PACER
23

TRANSCRIPT of Proceedings re: ARGUMENT held on 3/9/2012 before Judge Barbara S. Jones. Court Reporter/Transcriber: Kristen Carannante, (212) 805-0300. 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 10/4/2012. Redacted Transcript Deadline set for 10/15/2012. Release of Transcript Restriction set for 12/13/2012.(McGuirk, Kelly) (Entered: 09/10/2012)

Sept. 10, 2012

Sept. 10, 2012

PACER
24

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 3/9/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 09/10/2012)

Sept. 10, 2012

Sept. 10, 2012

PACER
25

TRUE COPY ORDER of USCA as to 19 Notice of Appeal filed by Craig Matthews USCA Case Number 12-1622-cv. Ordered, Adjudged and Decreed that the judgment of the District Court is VACATED and the case is REMANDED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 11/28/2012. (nd) (Entered: 11/28/2012)

Nov. 28, 2012

Nov. 28, 2012

PACER
26

NOTICE OF CASE REASSIGNMENT to Judge Paul A. Engelmayer. Judge Barbara S. Jones is no longer assigned to the case. (pgu) (Entered: 12/04/2012)

Dec. 4, 2012

Dec. 4, 2012

PACER
27

ORDER: Conference set for 12/20/2012 at 09:00 AM before Judge Paul A. Engelmayer, and as further set forth in this document. (Signed by Judge Paul A. Engelmayer on 12/5/2012) (cd) (Entered: 12/05/2012)

Dec. 5, 2012

Dec. 5, 2012

PACER
28

ENDORSED LETTER addressed to Judge Paul A. Engelmayer from Christopher Dunn dated 12/6/2012 re: Counsel requests that the Court reschedule an initial conference it set yesterday for December 20, 2012, at 9:00 a.m. ENDORSEMENT: Granted. The conference will be held at 10:00 a.m. on Monday, December 17, 2012. (Initial Conference set for 12/17/2012 at 10:00 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 12/7/2012) (ft) Modified on 12/7/2012 (ft). (Entered: 12/07/2012)

Dec. 7, 2012

Dec. 7, 2012

PACER
29

INITIAL CASE MANAGEMENT PLAN: Initial disclosures pertaining to all issues in the case shall be served by Friday, January 11, 2012. Requests for documents pertaining to all issues in the case may be served at any time after December 18, 2012. Deposition due by 3/1/2013. Motions due by 3/18/2013. Responses due by 4/5/2013. Replies due by 4/12/2013. To the extent the case proceeds beyond the summary judgment stage described in paragraph 4, the Court shall set a separate schedule for additional discovery and pre-trial proceedings. (Signed by Judge Paul A. Engelmayer on 12/19/2012) (ft) (Entered: 12/19/2012)

Dec. 19, 2012

Dec. 19, 2012

PACER
30

MANDATE of USCA (Certified Copy) as to 19 Notice of Appeal filed by Craig Matthews USCA Case Number 12-1622-cv. Ordered, Adjudged and Decreed that the order of the District Court is VACATED and the case is REMANDED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 12/19/2012. (nd) (Entered: 12/19/2012)

Dec. 19, 2012

Dec. 19, 2012

PACER
31

ANSWER to 1 Complaint. Document filed by Jon Bloch, City of New York, Raymond Kelly, Mark Sedran.(Fraenkel, William) (Entered: 01/15/2013)

Jan. 15, 2013

Jan. 15, 2013

PACER
32

NOTICE OF APPEARANCE by Erin Beth Harrist on behalf of Craig Matthews (Harrist, Erin) (Entered: 02/21/2013)

Feb. 21, 2013

Feb. 21, 2013

PACER
33

REVISED CASE MANAGEMENT PLAN: Defendants' Summary Judgment Motions due by 5/20/2013. Responses due by 6/7/2013 Replies due by 6/14/2013. Deposition due by 5/3/2013. There will be no further extensions of these deadlines. (Signed by Judge Paul A. Engelmayer on 2/27/2013) (djc) Modified on 2/27/2013 (djc). (Entered: 02/27/2013)

Feb. 27, 2013

Feb. 27, 2013

PACER
34

STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Paul A. Engelmayer on 3/4/2013) (djc) (Entered: 03/04/2013)

March 4, 2013

March 4, 2013

PACER
35

MOTION for Summary Judgment. Document filed by Jon Bloch, City of New York, Raymond Kelly, Mark Sedran. Responses due by 6/7/2013(Fraenkel, William) (Entered: 05/20/2013)

May 20, 2013

May 20, 2013

PACER
36

MEMORANDUM OF LAW in Support re: 35 MOTION for Summary Judgment.. Document filed by Jon Bloch, City of New York, Raymond Kelly, Mark Sedran. (Fraenkel, William) (Entered: 05/20/2013)

May 20, 2013

May 20, 2013

PACER
37

AFFIDAVIT of William S.J. Fraenkel, Esq. in Support re: 35 MOTION for Summary Judgment.. Document filed by Jon Bloch, City of New York, Raymond Kelly, Mark Sedran. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D)(Fraenkel, William) (Entered: 05/20/2013)

1 Exhibit Exhibit A

View on PACER

2 Exhibit Exhibit B

View on PACER

3 Exhibit Exhibit C

View on PACER

4 Exhibit Exhibit D

View on PACER

May 20, 2013

May 20, 2013

PACER
38

RULE 56.1 STATEMENT. Document filed by Jon Bloch, City of New York, Raymond Kelly, Mark Sedran. (Fraenkel, William) (Entered: 05/20/2013)

May 20, 2013

May 20, 2013

PACER
39

MEMORANDUM OF LAW in Opposition re: 35 MOTION for Summary Judgment.. Document filed by Craig Matthews. (Harrist, Erin) (Entered: 06/07/2013)

June 7, 2013

June 7, 2013

PACER
40

DECLARATION of Erin Beth Harrist in Opposition re: 35 MOTION for Summary Judgment.. Document filed by Craig Matthews. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Exhibit Exhibit 7, # 8 Exhibit Exhibit 8, # 9 Exhibit Exhibit 9, # 10 Exhibit Exhibit 10, # 11 Exhibit Exhibit 11, # 12 Exhibit Exhibit 12, # 13 Exhibit Exhibit 13)(Harrist, Erin) (Entered: 06/07/2013)

1 Exhibit Exhibit 1

View on PACER

2 Exhibit Exhibit 2

View on PACER

3 Exhibit Exhibit 3

View on PACER

4 Exhibit Exhibit 4

View on PACER

5 Exhibit Exhibit 5

View on PACER

6 Exhibit Exhibit 6

View on PACER

7 Exhibit Exhibit 7

View on PACER

8 Exhibit Exhibit 8

View on PACER

9 Exhibit Exhibit 9

View on PACER

10 Exhibit Exhibit 10

View on PACER

11 Exhibit Exhibit 11

View on PACER

12 Exhibit Exhibit 12

View on PACER

13 Exhibit Exhibit 13

View on PACER

June 7, 2013

June 7, 2013

PACER
41

AFFIDAVIT of Craig Matthews in Opposition re: 35 MOTION for Summary Judgment.. Document filed by Craig Matthews. (Harrist, Erin) (Entered: 06/07/2013)

June 7, 2013

June 7, 2013

PACER
42

FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - RESPONSE in Opposition re: 35 MOTION for Summary Judgment. Response to Defendants' 56.1 Statement and Plaintiff's 56.1 Counterstatement. Document filed by Craig Matthews. (Harrist, Erin) Modified on 6/10/2013 (db). (Entered: 06/07/2013)

June 7, 2013

June 7, 2013

PACER
43

COUNTER STATEMENT TO 38 Rule 56.1 Statement. Document filed by Craig Matthews. (Harrist, Erin) (Entered: 06/10/2013)

June 10, 2013

June 10, 2013

PACER
47

OPINION & ORDER re: 35 MOTION for Summary Judgment filed by Jon Bloch, Mark Sedran, Raymond Kelly, City of New York. For the reasons stated, defendants' motion for summary judgment is granted. The Clerk of Court is directed to terminate the motion pending at docket number 35, and to close this case. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/29/2013) (rsh)

July 30, 2013

July 30, 2013

RECAP
56

~Util - Set Deadlines/Hearings AND Order

Aug. 12, 2015

Aug. 12, 2015

PACER
61

Discovery

Nov. 17, 2015

Nov. 17, 2015

PACER
62

Order on Motion for Discovery

Nov. 18, 2015

Nov. 18, 2015

PACER
66

Order on Motion for Extension of Time

Dec. 4, 2015

Dec. 4, 2015

PACER
67

Stipulation and Order of Dismissal

Dec. 7, 2015

Dec. 7, 2015

PACER

Case Details

State / Territory: New York

Case Type(s):

Policing

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 1, 2012

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

New York City Police Officer

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, New York), City

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 290,582.78

Issues

General/Misc.:

Pattern or Practice

Staff (number, training, qualifications, wages)

Jails, Prisons, Detention Centers, and Other Institutions:

Grievance procedures