Filed Date: Feb. 8, 2012
Closed Date: 2015
Clearinghouse coding complete
Two Occupy Wall Street protesters brought this suit on February 8, 2012 in the U.S. District Court for the Southern District of New York. The plaintiffs sued the City of New York and the New York Police Department. During a 2011 demonstration, plaintiffs were pepper sprayed by highly-ranked police officer. Defendant officers further assaulted and detained the plaintiffs, all without a warrant or legal process. The plaintiffs brought this cause of action pursuant to 42 U.S.C. § 1983, alleging violations of the First, Fourth, and Fourteenth Amendments, and claims under 42 U.S.C. § 1988, as well as state civil rights law. Represented by private counsel, the plaintiffs sought monetary relief for physical pain and mental suffering due to the violations.
On May 21, 2014, the court related 9 other cases to this case for further proceedings. Two of these cases are in the Clearinghouse under Crisp v. The City of New York and Lawler v. City of New York . On March 9, 2015, Judge Robert W. Sweet reassigned the case to Magistrate Judge Michael H. Dolinger for general pretrial matters, including scheduling, discovery, and settlement.
On June 30, 2015, the parties reached a settlement and agreed to resolve the remaining issues raised in the complaint without further proceedings and without admitting any fault or liability. The court dismissed the claim with prejudice, but retained jurisdiction over the action to enforce the terms of the settlements between parties.
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 reports that the NYPD released a statement saying that the NYPD has not altered its pepper spray guidelines.
Summary Authors
Abigail DeHart (10/6/2016)
Sean Mulloy (11/6/2017)
Lawler v. City of New York, Southern District of New York (2012)
Crisp v. City of New York, Southern District of New York (2012)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4350205/parties/elliot-v-the-city-of-new-york/
Dolinger, Michael H. (New York)
Sweet, Robert Workman (New York)
Aboushi, Aymen A. (New York)
Lapietra, Louis C. (New York)
Lucas, Andrew Joseph (New York)
See docket on RECAP: https://www.courtlistener.com/docket/4350205/elliot-v-the-city-of-new-york/
Last updated Dec. 17, 2024, 8:47 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: New York
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: Feb. 8, 2012
Closing Date: 2015
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Two female protestors from the Occupy Wall Street movement who were unlawfully detained and pepper sprayed.
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
New York City (New York City), City
Defendant Type(s):
Case Details
Causes of Action:
Constitutional Clause(s):
Unreasonable search and seizure
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Amount Defendant Pays: 332,500
Order Duration: 2015 - None
Issues
General/Misc.:
Jails, Prisons, Detention Centers, and Other Institutions:
Over/Unlawful Detention (facilities)
Policing: