Case: Crisp v. City of New York

1:12-cv-05842 | U.S. District Court for the Southern District of New York

Filed Date: July 31, 2012

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On July 31st, 2012, a resident of New York who was arrested while participating in a the Occupy Wall Street protest filed a lawsuit in the Southern District of New York United States District Court under 42 U.S.C. § 1983 against the city of New York. The plaintiff, represented by private counsel, asked the court for compensatory and punitive damages, lawyers fees, and injunctive relief requiring that the city of New York create and implement a policy regarding the use of force upon persons invo…

On July 31st, 2012, a resident of New York who was arrested while participating in a the Occupy Wall Street protest filed a lawsuit in the Southern District of New York United States District Court under 42 U.S.C. § 1983 against the city of New York. The plaintiff, represented by private counsel, asked the court for compensatory and punitive damages, lawyers fees, and injunctive relief requiring that the city of New York create and implement a policy regarding the use of force upon persons involved in public demonstrations that conforms with federal constitutional standards and to create and implement reporting systems to record all uses of force by NYPD officers during public demonstrations on 7/31/2012. He claimed that his first, fourth, and fourteenth amendment rights were violated.

Specifically, the plaintiff claimed that he was sprayed with pepper spray by a New York City police officer while compliantly demonstrating with the Occupy Wall Street protest group. He said that the pepper spray hit his right eye and burned his face, arms, hands, and lungs. He claimed that he had to miss three days of work as a result of this incident, and still experienced some blurry vision and nervousness and increased heart rate around police officers.

On November 13th, 2012, the District Court (Judge Robert W. Sweet) consolidated this case with several others filed with regards to the same incident including Lawler v. City of New York and Elliot v. City of New York.

Following multiple settlement conferences, the parties reached a settlement agreement on July 8, 2015. The court entered the stipulation and dismissed the case on July 23, 2015, retaining jurisdiction over the matter for the purpose of enforcing the agreement for an undisclosed amount of time.

The details of the settlement are not publicly available. According to The New York Times, the defendant paid a total of $332,500 in damages (between $52,000 to $60,000 to each plaintiff). Additionally, the New York Times reported that the NYPD released a statement saying that the NYPD has not altered its pepper spray guidelines.

Summary Authors

Megan Dolan (5/27/2014)

Sean Mulloy (11/6/2017)

Related Cases

Elliot v. City of New York, Southern District of New York (2012)

Lawler v. City of New York, Southern District of New York (2012)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4350985/parties/crisp-v-the-city-of-new-york/


Judge(s)

Sweet, Robert Workman (New York)

Attorneys(s) for Plaintiff

Rankin, David Bruce (New York)

Attorneys(s) for Defendant

Lapietra, Louis C. (New York)

Lucas, Andrew Joseph (New York)

Weiss, Dara Lynn (New York)

Expert/Monitor/Master

Dolinger, Michael H. (New York)

Moisan, Jane Leanne (New York)

Judge(s)

Sweet, Robert Workman (New York)

Attorneys(s) for Plaintiff

Rankin, David Bruce (New York)

Attorneys(s) for Defendant

Lapietra, Louis C. (New York)

Lucas, Andrew Joseph (New York)

Weiss, Dara Lynn (New York)

Expert/Monitor/Master

Dolinger, Michael H. (New York)

Moisan, Jane Leanne (New York)

Documents in the Clearinghouse

Document

1:12-cv-05842

Docket [Pacer]

July 23, 2015

July 23, 2015

Docket
1

1:12-cv-05842

Complaint and Demand for a Jury Trial

Crisp v. The City of New York

July 31, 2012

July 31, 2012

Complaint
18

1:12-cv-05842

Protective Order

Crisp v. The City of New York

Nov. 4, 2013

Nov. 4, 2013

Order/Opinion
30-1

1:12-cv-05842

Stipulation and Order of Dismissal

July 2, 2015

July 2, 2015

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4350985/crisp-v-the-city-of-new-york/

Last updated Aug. 6, 2022, 3:18 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Anthony Bologna, Joseph Esposito, Officer John Doe 1 through Officer John Doe 42(in their individual capacities (the names John Doe being fictitious, as the true names and shield numbers are presently unknown)), Officer John Doe 1 through Officer John Doe 42(in their official capacities (the names John Doe being fictitious, as the true names and shield numbers are presently unknown)), The City of New York. (Filing Fee $ 350.00, Receipt Number Not Indicated)Document filed by Damien Crisp.(mro) (Entered: 08/03/2012)

July 31, 2012

July 31, 2012

RECAP
2

NOTICE OF CASE ASSIGNMENT to Judge Robert W. Sweet. Judge Unassigned is no longer assigned to the case. (pgu) (Entered: 08/14/2012)

Aug. 14, 2012

Aug. 14, 2012

PACER
3

NOTICE OF APPEARANCE by Andrew Joseph Lucas on behalf of The City of New York (Lucas, Andrew) (Entered: 08/14/2012)

Aug. 14, 2012

Aug. 14, 2012

PACER
4

NOTICE OF APPEARANCE by Dara Lynn Weiss on behalf of The City of New York (Weiss, Dara) (Entered: 08/15/2012)

Aug. 15, 2012

Aug. 15, 2012

PACER
5

SUMMONS RETURNED EXECUTED. The City of New York served on 8/3/2012, answer due 8/24/2012. Service was accepted by Dmitry Aronov. Document filed by Damien Crisp. (Quackenbush, Robert) (Entered: 09/06/2012)

Sept. 6, 2012

Sept. 6, 2012

PACER
6

SUMMONS RETURNED EXECUTED. Joseph Esposito served on 8/15/2012, answer due 9/5/2012. Service was made by Mail. Document filed by Damien Crisp. (Quackenbush, Robert) (Entered: 09/06/2012)

Sept. 6, 2012

Sept. 6, 2012

PACER
7

ENDORSED LETTER addressed to Judge Robert W. Sweet from David B. Rankin dated 9/04/2012 re: We understand there is a preliminary conference scheduled in those cases on October 3, 2012 at 4:30 p.m. Plaintiffs respectfully request to have our preliminary conferences scheduled at or around that time and date and to have this case be designated as a non-Plan matter.ENDORSEMENT: SO ORDERED. (Signed by Judge Robert W. Sweet on 9/07/2012) (ama) (Entered: 09/10/2012)

Sept. 10, 2012

Sept. 10, 2012

PACER
8

NOTICE OF APPEARANCE by Louis C. Lapietra on behalf of Anthony Bologna (Lapietra, Louis) (Entered: 09/13/2012)

Sept. 13, 2012

Sept. 13, 2012

PACER
9

AFFIDAVIT OF SERVICE of Summons and Complaint,,. Anthony Bologna served on 8/22/2012, answer due 9/12/2012. Service was accepted by PO Payne. Service was made by Mail. Document filed by Damien Crisp. (Rankin, David) (Entered: 09/14/2012)

Sept. 14, 2012

Sept. 14, 2012

PACER
10

ANSWER to Complaint., CROSSCLAIM against The City of New York. Document filed by Anthony Bologna.(Lapietra, Louis) (Entered: 09/17/2012)

Sept. 17, 2012

Sept. 17, 2012

RECAP
11

ANSWER to 10, 1 Crossclaim., ANSWER to 10 Answer to Complaint, Crossclaim, 1 Complaint,, with JURY DEMAND. Document filed by Joseph Esposito, The City of New York.(Lucas, Andrew) (Entered: 10/26/2012)

Oct. 26, 2012

Oct. 26, 2012

RECAP
12

ENDORSED LETTER addressed to Judge Robert W. Sweet, from Dara L. Weiss, dated 11/7/2012, re: I write at the Court's direction to communicate the City's suggestion on how the Court should handle certain cases arising out of the Occupy Wall Street movement. The cases identified herein all stem from an incident on September 24, 2011 wherein the plaintiffs allege they were pepper-sprayed/and or arrested by a member of the NYC Police Department. The City believes that all of the cases arising from the September 24, 2011 incident should be accepted by Your Honor as cases related to the Elliot matter, and should further be consolidated for discovery, much the same as the cases arising out of the 2003 anti-war demonstration. ENDORSEMENT: So ordered. (Signed by Judge Robert W. Sweet on 11/7/2012) (ja) (Entered: 11/13/2012)

Nov. 13, 2012

Nov. 13, 2012

PACER
13

ORDER: Plaintiffs' letters dated November 9, 2012 and November 13, 2012 will be treated as motions to deconsolidate, and will be heard at noon on Wednesday, November 28, 2012, in courtroom 18C. Any opposition papers must be filed by November 21, 2012, and any reply papers must be filed by November 26, 2012. ( Responses due by 11/21/2012, Replies due by 11/26/2012.) (Signed by Judge Robert W. Sweet on 11/15/2012) (cd) (Entered: 11/19/2012)

Nov. 16, 2012

Nov. 16, 2012

PACER
14

ORDER: The above captioned cases are hereby consolidated for discovery purposes with all non-Monell fact discovery to be given priority over discovery related to Monell claims. The Section 1983 Plan will not be applied to the above-captioned cases. A pretrial conference will be held February 6, 2013, at 4:30 P.M. with respect to further scheduling. (Signed by Judge Robert W. Sweet on 11/30/2012) (djc) (Entered: 11/30/2012)

Nov. 30, 2012

Nov. 30, 2012

PACER
15

NOTICE OF CHANGE OF ADDRESS by David Bruce Rankin on behalf of Damien Crisp. New Address: Rankin & Taylor, PLLC, 11 Park Place, Suite 914, New York, NY, USA 10007, 212-226-4507. (Rankin, David) (Entered: 12/31/2012)

Dec. 31, 2012

Dec. 31, 2012

PACER
16

NOTICE OF APPEARANCE by Jane Leanne Moisan on behalf of Damien Crisp (Moisan, Jane) (Entered: 02/06/2013)

Feb. 6, 2013

Feb. 6, 2013

PACER
17

ENDORSED LETTER addressed to Judge Robert W. Sweet from David B. Rankin dated 2/6/13 re: Counsel writes to request an extension of time to serve interrogatory and document demands from 1/31/13 to 2/14/13. ENDORSEMENT: So ordered. (Signed by Judge Robert W. Sweet on 2/7/2013) (mro) (Entered: 02/08/2013)

Feb. 8, 2013

Feb. 8, 2013

PACER
18

PROTECTIVE ORDER: Regarding procedures to be followed that shall govern the handling of confidential material. SO ORDERED. (Signed by Judge Robert W. Sweet on 11/04/2013) (ama) (Entered: 11/04/2013)

Nov. 4, 2013

Nov. 4, 2013

PACER
19

ENDORSED LETTER addressed to Judge Robert W. Sweet from Dara L. Weiss dated 3/19/2014 re: Request for a further status conference on 5/20/2014, at 4:00 p.m. ENDORSEMENT: So ordered. (Status Conference set for 5/20/2014 at 04:00 PM before Judge Robert W. Sweet). (Signed by Judge Robert W. Sweet on 3/19/2014). Entry in all related cases as per Chambers. (rjm) (Entered: 03/21/2014)

March 21, 2014

March 21, 2014

PACER
20

ENDORSED LETTER addressed to Judge Robert W. Sweet from Samuel B. Cohen dated 5/21/2014 re: Per Your Honor's direction, counsel for all parties have conferred and join with the Dierken Plaintiffs in submitting this joint letter memorializing the understandings reached in our conference before Your Honor yesterday, May 20, 2014, and as further specified in this letter. ENDORSEMENT: So ordered. (Signed by Judge Robert W. Sweet on 5/22/2014) (rjm) (Entered: 05/23/2014)

May 23, 2014

May 23, 2014

PACER
21

ORDER: 1. The understanding set forth in the letter of counsel for the plaintiff's in 12 Civ. 07462 dated May 30, 2014 is so ordered. 2. The depositions will be scheduled on an "as available" basis without party priority or time limitation. Any deposition of more than two-day duration will be adjourned to be completed at an agreed upon date. All party depositions will be completed by September 30, 2014. 3. All objections will be preserved and all questions answered other than those objected to on the basis of privilege. It is so ordered., ( Deposition due by 9/30/2014.) (Signed by Judge Robert W. Sweet on 6/9/2014) (lmb) (Entered: 06/10/2014)

June 10, 2014

June 10, 2014

PACER
22

AMENDMENT: Item 2 in the order issued by the Court on June 9, 2014 is hereby amended as follows: 2. The depositions will be scheduled on an "as available" basis without party priority or time limitation. Any deposition of more than two-day duration will be adjourned to be completed at an agreed upon date. All initial round party depositions will be completed by September 30, 2014. IT IS SO ORDERED. ( Deposition due by 9/30/2014.) (Signed by Judge Robert W. Sweet on 6/17/2014) (ama) (Entered: 06/23/2014)

June 23, 2014

June 23, 2014

PACER
23

ORDER. The Honorable Michael H. Dolinger is designated to the above action. For purpose of judicial efficiency, the above entitled action and nine other related cases are referred to Magistrate Dolinger for Settlement. Please see attached rider. (Signed by Judge Robert W. Sweet on 11/7/2014) (rjm) (Entered: 11/12/2014)

Nov. 7, 2014

Nov. 7, 2014

PACER
24

ORDER: It is hereby ORDERED that a settlement conference has been scheduled in the above-captioned actions on TUESDAY, JANUARY 27, 2015 at 2:00 P.M., at which time you are directed to appear in Courtroom 17D, 500 Pearl Street, New York, New York 10007-1312. And as set forth herein. SO ORDERED. ( Settlement Conference set for 1/27/2015 at 02:00 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Michael H. Dolinger.) (Signed by Magistrate Judge Michael H. Dolinger on 12/15/2014) Copies Faxed By Chambers. (ama) (Entered: 12/15/2014)

Dec. 15, 2014

Dec. 15, 2014

PACER
25

ORDER: It is hereby ORDERED that the settlement conference scheduled for January 27, 2015 has been adjourned to TUESDAY, FEBRUARY 17, 2015 at 1:30 P.M., at which time you are directed to appear in Courtroom 17D, 500 Pearl Street, New York, New York 10007-1312. Any requests for adjournment of this scheduled conference must be in writing, with copies to all other parties, and must be preceded by reasonable efforts by the requesting party to obtain the consent of those parties. The parties are to take note of the following requirements for settlement conferences before the undersigned: 1. The parties are expected to have spoken with each other about their respective settlement positions prior to the settlement conference. Given the complexities presented in the above-captioned matters, the court also expects defendants to have had substantive conversations among themselves regarding the relevant issues and plaintiffs to have similarly conversed among themselves, in addition to plaintiffs and defendants having spoken with each other, by no later than one week prior to this settlement conference. 2. The parties are directed to bring with them any documents (including any deposition transcripts) that they consider pertinent to their position on the settlement value of the case. 3. Clients are expected to either attend the conference or be available via telephone during the conference. SO ORDERED. Settlement Conference set for 2/17/2015 at 01:30 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Michael H. Dolinger. (Signed by Magistrate Judge Michael H. Dolinger on 1/29/2015) (ajs) (Entered: 01/29/2015)

Jan. 29, 2015

Jan. 29, 2015

PACER
26

AMENDMENT: The initial designation order referring the above entitled actions to the Honorable Michael H. Dolinger (ECF No. 25) is amended as follows: For the purposes of judicial efficiency, the above entitled actions are referred to the Honorable Michael H. Dolinger for general pretrial matters, including scheduling, discovery, and settlement. IT IS SO ORDERED. (Signed by Judge Robert W. Sweet on 3/19/2015) (ama) (Entered: 03/20/2015)

March 19, 2015

March 19, 2015

PACER
27

ORDER: It is hereby ORDERED that a scheduling conference before the undersigned has been scheduled in the above-captioned actions on THURSDAY, MAY 14, 2015 at 2:00 P.M., at which time you are directed to appear in Courtroom 17D, 500 Pearl Street, New York, New York 10007-1312. SO ORDERED. ( Status Conference set for 5/14/2015 at 02:00 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Michael H. Dolinger.) (Signed by Magistrate Judge Michael H. Dolinger on 5/04/2015) Copies Faxed By Chambers. (ama) (Entered: 05/04/2015)

May 4, 2015

May 4, 2015

PACER
28

ORDER: it is hereby ORDERED: The parties have until June 16, 2015 to confer with each other on a potential settlement of this matter. Should the parties not reach a settlement in principle by that date, they must complete their responses to all outstanding discovery demands by no later than June 30, 2015.Fact Discovery due by 8/31/2015. SO ORDERED. (Signed by Magistrate Judge Michael H. Dolinger on 5/14/2015) Copies Sent By Chambers. (ama) (Entered: 05/15/2015)

May 14, 2015

May 14, 2015

PACER
29

ORDER: It is hereby ORDERED that a settlement conference in the above-captioned matter has been scheduled before the undersigned on WEDNESDAY, JUNE 17, 2015 at 2:00 P.M., at which time you are directed to appear in Courtroom 17D, 500 Pearl Street, New York, New York 10007-1312. And as set forth herein. SO ORDERED. ( Settlement Conference set for 6/17/2015 at 02:00 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Michael H. Dolinger.) (Signed by Magistrate Judge Michael H. Dolinger on 6/04/2015) (ama) (Entered: 06/04/2015)

June 4, 2015

June 4, 2015

PACER
30

NOTICE of Settlement . Document filed by Joseph Esposito, The City of New York. (Attachments: # 1 Exhibit Stipulation and Order)(Weiss, Dara) (Entered: 07/08/2015)

1 Exhibit Stipulation and Order

View on PACER

July 8, 2015

July 8, 2015

PACER
31

STIPULATION AND ORDER OF DISMISSAL: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, that The above-referenced action is hereby dismissed with prejudice. Notwithstanding the dismissal of this action in accordance with this agreement, the District Court shall continue to maintain jurisdiction over this action for the purpose of enforcing the terms of the settlement agreement reached between the parties and set forth in the Stipulation of Settlement executed by the parties in this matter. SO ORDERED. (Signed by Judge Robert W. Sweet on 7/18/2015) (kko) (Entered: 07/23/2015)

July 23, 2015

July 23, 2015

PACER

Case Details

State / Territory: New York

Case Type(s):

Policing

Special Collection(s):

Occupy

Multi-LexSum (in sample)

Key Dates

Filing Date: July 31, 2012

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Resident of New York City arrested while participating in Occupy Wall Street.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

The City of New York (New York City), City

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Freedom of speech/association

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $332,500

Order Duration: 2015 - None

Issues

General:

Aggressive behavior

Excessive force

Failure to discipline

Failure to supervise

Failure to train

Over/Unlawful Detention

Pattern or Practice

Pepper/OC spray

Restraints : chemical