Filed Date: Aug. 7, 2013
Closed Date: 2015
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On August 7, 2013, several residents of New York City filed this class action in the U.S. District Court for the Eastern District of New York. The plaintiffs sued the City of New York under 42 U.S.C. § 1983 for Fourth Amendment Constitutional violations. The plaintiffs, represented by private counsel, sought declaratory and injunctive relief in addition to compensatory and punitive damages and attorneys' fees.
Specifically, the plaintiffs alleged that the New York Police Department ("NYPD") operation known as "Operation Lucky Bag" resulted in systematic unreasonable search and seizure in violation of the U.S. Constitution and other state laws. Operation Lucky Bag involved NYPD officers leaving bags containing valuable items unattended and in plain sight. The officers waited for individuals to pick up the bag or valuable item and then arrest those individuals under the assumption that they intended to keep the items. The plaintiffs alleged that these incidents represented arrest without probable cause in violation of their right to be free from unreasonable search and seizure.
On December 24, 2013, the City filed a motion to dismiss alleging that the plaintiffs failed to state a claim in their complaint. They raised that the officers would be protected by qualified immunity and, in the alternative, the municipality would not be liable under Monell without proof of an official pattern or practice. The plaintiffs pursued court-supervised discovery to prove that Operation Lucky Bag was an official custom within the department.
Meanwhile, settlement discussions ensued such that the court never ruled on the motion to dismiss. On September 16, 2014, the parties entered a settlement agreement. In the agreement, the defendants agreed to amend Operation Lucky Bag so that arrests would only be made in the following instances: (i) when the valuables are separated from the other property and that remaining property is discarded, (ii) where property is removed from someone else's belongings, or (iii) an individual, having taken property and been confronted by a police officer, lies about having taken the property. The defendants further agreed to train NYPD officers on these criteria and report to the plaintiffs' counsel on compliance while subject to the District Court's jurisdiction for one year. In addition, the defendants agreed to pay the named plaintiffs $50,000 and to pay all attorneys' fees and costs associated with the action (it is unclear from the docket how much the defendants paid in attorneys' fees and costs). In return, the plaintiffs released the defendants from all liability arising from the facts of the lawsuit.
The case is now closed.
Summary Authors
Brendan Brown (10/14/2014)
Eva Richardson (12/1/2018)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4322627/parties/argyros-v-the-city-of-new-york/
Aroubas, Shlomit (New York)
Bahrenburg, Richard (New York)
Brocker, Peter William (New York)
Brustein, Evan (New York)
Ciappetta, Nicholas R. (New York)
Bahrenburg, Richard (New York)
Brocker, Peter William (New York)
Ciappetta, Nicholas R. (New York)
DeCastro, Maria Fernanda (New York)
DePaul, Philip Rudolph (New York)
Disenso, Anthony Matthew (New York)
Dole-Merson, Vivian (New York)
Gutmann, Joseph Aaron (New York)
Jacobs, Elissa Beth (New York)
Johnson, Paul Hasan (New York)
Lichterman, Ariel Shaun (New York)
Lucas, Andrew Joseph (New York)
Maxey, Brian Guenther (New York)
Mbabazi, Deborah L. (New York)
Noble, Alexander Macrae (New York)
Rivera, Suzette Corinne (New York)
Rodriguez, Wilda J. (New York)
Rosencrantz, Caryn A. (New York)
Rosenkilde, Kiran Hans (New York)
Saavedra, Daniel G. (New York)
Scharfstein, Susan P. (New York)
See docket on RECAP: https://www.courtlistener.com/docket/4322627/argyros-v-the-city-of-new-york/
Last updated May 1, 2024, 3:11 a.m.
State / Territory: New York
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: Aug. 7, 2013
Closing Date: 2015
Case Ongoing: No
Plaintiffs
Plaintiff Description:
New York City residents arrested pursuant to "Operation Lucky Bag" sting operations
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Denied
Defendants
City of New York (New York City), City
Defendant Type(s):
Case Details
Causes of Action:
Declaratory Judgment Act, 28 U.S.C. § 2201
Constitutional Clause(s):
Unreasonable search and seizure
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Content of Injunction:
Amount Defendant Pays: $50,000
Order Duration: 2014 - 2015
Issues
General/Misc.:
Jails, Prisons, Detention Centers, and Other Institutions:
Over/Unlawful Detention (facilities)
Policing: