Case: Argyros v. City of New York

1:13-cv-02946 | U.S. District Court for the Eastern District of New York

Filed Date: Aug. 7, 2013

Closed Date: 2015

Clearinghouse coding complete

Case Summary

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") oper…

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)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4322627/parties/argyros-v-the-city-of-new-york/


Judge(s)

Levy, Robert M. (New York)

Townes, Sandra L. (New York)

Attorneys(s) for Plaintiff

Parlatore, Timothy C (New York)

Sash, Alan Edward (New York)

Siegel, Norman H. (New York)

Sprayregen, Sharon (New York)

Teitelbaum, Herbert (New York)

Attorneys(s) for Defendant

Lucas, Andrew Joseph (New York)

Weiss, Dara Lynn (New York)

Judge(s)

Levy, Robert M. (New York)

Townes, Sandra L. (New York)

Attorneys(s) for Plaintiff

Parlatore, Timothy C (New York)

Sash, Alan Edward (New York)

Siegel, Norman H. (New York)

Sprayregen, Sharon (New York)

Teitelbaum, Herbert (New York)

Attorneys(s) for Defendant

Lucas, Andrew Joseph (New York)

Weiss, Dara Lynn (New York)

Documents in the Clearinghouse

Document

Docket [PACER]

Argyros v. The City of New York

Jan. 7, 2015 Docket
8

Amended Complaint

Argyros v. The City of New York

Aug. 7, 2013 Complaint
36

Stipulation of Settlement

Argyros v. The City of New York

Sept. 16, 2014 Settlement Agreement

Resources

Title Description External URL

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4322627/argyros-v-the-city-of-new-york/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against Daniel Fody, Police Officers John Doe and Jane Roe, The City of New York Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Spirdon Argyros. (Attachments: # 1 Civil Cover Sheet) (Davis, Kimberly) (Entered: 05/21/2013)

1 Civil Cover Sheet

View on PACER

May 20, 2013 RECAP
2

Summons Issued as to Daniel Fody, The City of New York. (Davis, Kimberly) (Entered: 05/21/2013)

May 20, 2013 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. (Davis, Kimberly) (Entered: 05/21/2013)

May 21, 2013 PACER
4

ORDER: An initial conference has been scheduled for September 30, 2013 at 3:30 p.m., before the Hon. Robert M. Levy, United States Magistrate Judge at 225 Cadman Plaza East, Brooklyn, New York. Parties are directed to check-in with chambers, Room 1223-S, upon arrival. All counsel must be present. Plaintiff's counsel is directed to confirm with defendants' counsel that all necessary participants are aware of this conference. Ordered by Magistrate Judge Robert M. Levy on 5/24/2013. (Marino, Janine) (Main Document 4 replaced on 5/24/2013) (Marino, Janine). (Entered: 05/24/2013)

May 24, 2013 PACER
5

First MOTION for Extension of Time to File Answer by The City of New York. (Lucas, Andrew) (Entered: 06/07/2013)

June 7, 2013 PACER
6

SUMMONS Returned Executed by Spirdon Argyros. The City of New York served on 5/20/2013, answer due 8/8/2013. (Sprayregen, Sharon) (Entered: 06/17/2013)

June 17, 2013 PACER
7

SUMMONS Returned Executed by Spirdon Argyros. Daniel Fody served on 6/13/2013, answer due 7/4/2013. (Sprayregen, Sharon) (Entered: 06/17/2013)

June 17, 2013 PACER
8

AMENDED COMPLAINT Spiridon Argyros, Tiffany Ivey, Jonathan Peirce, individually and on behalf of a class and sub-class of all others similarly situated against Daniel Fody, Police Officers John Doe and Jane Roe, The City of New York, filed by Spirdon Argyros, Tiffany Ivey, Jonathan Peirce. (Sprayregen, Sharon) (Entered: 08/07/2013)

Aug. 7, 2013 PACER
9

First MOTION for pre motion conference by Daniel Fody, The City of New York. (Lucas, Andrew) (Entered: 08/29/2013)

Aug. 29, 2013 PACER
10

First MOTION for pre motion conference re 9 First MOTION for pre motion conference Response by Spirdon Argyros, Tiffany Ivey, Jonathan Peirce. (Sprayregen, Sharon) (Entered: 09/05/2013)

Sept. 5, 2013 PACER
11

First MOTION to Adjourn Conference set for September 30, 2013, by Daniel Fody, The City of New York. (Lucas, Andrew) (Entered: 09/25/2013)

Sept. 25, 2013 PACER
12

RESPONSE to Motion re 11 First MOTION to Adjourn Conference set for September 30, 2013, filed by Spirdon Argyros, Tiffany Ivey, Jonathan Peirce. (Attachments: # 1 Exhibit Letter from Plaintiffs' counsel to Chambers) (Sprayregen, Sharon) (Entered: 09/26/2013)

1 Exhibit Letter from Plaintiffs' counsel to Chambers

View on PACER

Sept. 26, 2013 PACER
13

Letter regarding September 30, 2013 Phone Conference by Daniel Fody, The City of New York (Lucas, Andrew) (Entered: 09/27/2013)

Sept. 27, 2013 PACER
14

Proposed Scheduling Order Monell Claim by Spirdon Argyros, Tiffany Ivey, Jonathan Peirce (Sprayregen, Sharon) (Entered: 10/07/2013)

Oct. 7, 2013 PACER
15

Proposed Scheduling Order for 12(b) motion, by Daniel Fody, The City of New York (Lucas, Andrew) (Entered: 10/09/2013)

Oct. 9, 2013 PACER
16

First Motion to Dismiss for Failure to State a Claim by Daniel Fody, The City of New York. (Lucas, Andrew) (Entered: 12/24/2013)

Dec. 24, 2013 PACER
17

AFFIDAVIT/DECLARATION in Support re 16 First Motion to Dismiss for Failure to State a Claim filed by Daniel Fody, The City of New York. (Attachments: # 1 Exhibit A, # 2 Exhibit B1, # 3 Exhibit B2) (Lucas, Andrew) (Entered: 12/24/2013)

1 Exhibit A

View on PACER

2 Exhibit B1

View on PACER

3 Exhibit B2

View on PACER

Dec. 24, 2013 PACER
18

MEMORANDUM in Support re 16 First Motion to Dismiss for Failure to State a Claim filed by Daniel Fody, The City of New York. (Lucas, Andrew) (Entered: 12/24/2013)

Dec. 24, 2013 PACER
19

MEMORANDUM in Opposition re 16 First Motion to Dismiss for Failure to State a Claim filed by Spirdon Argyros, Tiffany Ivey, Jonathan Peirce. (Attachments: # 1 Exhibit A) (Lucas, Andrew) (Entered: 12/24/2013)

1 Exhibit A

View on PACER

Dec. 24, 2013 PACER
20

REPLY in Support re 16 First Motion to Dismiss for Failure to State a Claim filed by Daniel Fody, The City of New York. (Lucas, Andrew) (Entered: 12/24/2013)

Dec. 24, 2013 PACER
21

Letter requesting oral argument by Spirdon Argyros, Tiffany Ivey, Jonathan Peirce (Sprayregen, Sharon) (Entered: 01/02/2014)

Jan. 2, 2014 PACER
22

Letter MOTION to Compel by Spirdon Argyros, Tiffany Ivey, Jonathan Peirce. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B) (Sprayregen, Sharon) (Entered: 01/09/2014)

1 Exhibit Exhibit A

View on PACER

2 Exhibit Exhibit B

View on PACER

Jan. 9, 2014 PACER
23

First MOTION for Extension of Time to File Response/Reply as to 22 Letter MOTION to Compel, First MOTION for Extension of Time to File cross motion by Daniel Fody, The City of New York. (Lucas, Andrew) (Entered: 01/14/2014)

Jan. 14, 2014 PACER
24

Cross MOTION to Bifurcate and memorandum in opposition to Plaintiffs' motion to compel by Daniel Fody, The City of New York. (Lucas, Andrew) (Entered: 01/21/2014)

Jan. 21, 2014 PACER
25

Consent MOTION for Protective Order by Daniel Fody, The City of New York. (Lucas, Andrew) (Entered: 02/26/2014)

Feb. 26, 2014 PACER
26

First MOTION to Adjourn Conference presently set for May 15, 2014 at 10:45 a.m. by Daniel Fody, The City of New York. (Lucas, Andrew) (Entered: 05/12/2014)

May 12, 2014 PACER
27

STATUS REPORT re settlement by Spirdon Argyros, Tiffany Ivey, Jonathan Peirce (Sprayregen, Sharon) (Entered: 06/09/2014)

June 9, 2014 RECAP
28

STATUS REPORT pursuant to May 19, 2014 Order, by Daniel Fody, The City of New York (Lucas, Andrew) (Entered: 06/09/2014)

June 9, 2014 PACER
29

STATUS REPORT by Daniel Fody, The City of New York (Lucas, Andrew) (Entered: 06/18/2014)

June 18, 2014 PACER
30

Letter in response to Defendants' status report by Spirdon Argyros, Tiffany Ivey, Jonathan Peirce (Sprayregen, Sharon) (Entered: 06/19/2014)

June 19, 2014 PACER
31

Letter request for settlement conference by Spirdon Argyros, Tiffany Ivey, Jonathan Peirce (Sprayregen, Sharon) (Entered: 07/02/2014)

July 2, 2014 RECAP
32

NOTICE of Appearance by Dara Lynn Weiss on behalf of Daniel Fody, The City of New York (aty to be noticed) (Weiss, Dara) (Entered: 07/14/2014)

July 14, 2014 PACER
33

NOTICE of Appearance by Herbert Teitelbaum on behalf of All Plaintiffs (aty to be noticed) (Teitelbaum, Herbert) (Entered: 07/16/2014)

July 16, 2014 PACER
34

Letter by Spirdon Argyros, Tiffany Ivey, Jonathan Peirce (Sprayregen, Sharon) (Entered: 07/16/2014)

July 16, 2014 PACER
35

Letter by Daniel Fody, The City of New York (Weiss, Dara) (Entered: 07/17/2014)

July 17, 2014 PACER
36

SETTLEMENT AGREEMENT by Spirdon Argyros, Tiffany Ivey, Jonathan Peirce (Sprayregen, Sharon) (Entered: 09/16/2014)

Sept. 16, 2014 RECAP

State / Territory: New York

Case Type(s):

Policing

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):

Private Plaintiff

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):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: $50,000

Order Duration: 2014 - 2015

Content of Injunction:

Auditing

Monitoring

Recordkeeping

Reporting

Issues

General:

Failure to supervise

Failure to train

False arrest

Over/Unlawful Detention

Pattern or Practice

Search policies