Case: Elliot v. City of New York

1:12-cv-00992 | U.S. District Court for the Southern District of New York

Filed Date: Feb. 8, 2012

Closed Date: 2015

Clearinghouse coding complete

Case Summary

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 vi…

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)

Related Cases

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

Crisp 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/4350205/parties/elliot-v-the-city-of-new-york/


Judge(s)

Dolinger, Michael H. (New York)

Sweet, Robert Workman (New York)

Attorneys(s) for Plaintiff

Aboushi, Aymen A. (New York)

Attorneys(s) for Defendant

Lapietra, Louis C. (New York)

Lucas, Andrew Joseph (New York)

Weiss, Dara Lynn (New York)

Judge(s)

Dolinger, Michael H. (New York)

Sweet, Robert Workman (New York)

Attorneys(s) for Plaintiff

Aboushi, Aymen A. (New York)

Attorneys(s) for Defendant

Lapietra, Louis C. (New York)

Lucas, Andrew Joseph (New York)

Weiss, Dara Lynn (New York)

Documents in the Clearinghouse

Document

1:12-cv-00992

Docket [PACER]

July 23, 2015

July 23, 2015

Docket
1

1:12-cv-00992

Complaint

Elliot v. The City of New York

Feb. 8, 2012

Feb. 8, 2012

Complaint
19

1:12-cv-00992

Order

Elliot v. New York

May 21, 2014

May 21, 2014

Order/Opinion
41-1

1:12-cv-00992

Stipulation and Order of Dismissal

Elliot v. New York

July 2, 2015

July 2, 2015

Order/Opinion
42

1:12-cv-00992

Stipulation and Order of Dismissal

Elliot v. New York

July 23, 2015

July 23, 2015

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4350205/elliot-v-the-city-of-new-york/

Last updated Aug. 4, 2022, 3:21 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT AND JURY DEMAND against Anthony Bologna, John Does 1-50, New York Police Department, The City of New York. (Filing Fee $ 350.00, Receipt Number 9061)Document filed by Chelsea Elliot, Jeanne Mansfield.(ama) (Entered: 02/09/2012)

Feb. 8, 2012

Feb. 8, 2012

RECAP
2

AFFIDAVIT OF SERVICE. All Defendants. Service was accepted by NYC Law Dept.. Document filed by Chelsea Elliot, Jeanne Mansfield. (Aboushi, Aymen) (Entered: 02/20/2012)

Feb. 20, 2012

Feb. 20, 2012

PACER
3

NOTICE OF APPEARANCE by Dara Lynn Weiss on behalf of The City of New York (Weiss, Dara) (Entered: 02/24/2012)

Feb. 24, 2012

Feb. 24, 2012

PACER
4

AFFIDAVIT OF SERVICE. Anthony Bologna served on 3/12/2012, answer due 4/2/2012. Service was accepted by Joseph Tuttos. Document filed by Chelsea Elliot; Jeanne Mansfield. (Aboushi, Aymen) (Entered: 03/25/2012)

March 25, 2012

March 25, 2012

PACER
5

ANSWER to 1 Complaint with JURY DEMAND. Document filed by The City of New York.(Weiss, Dara) (Entered: 05/04/2012)

May 4, 2012

May 4, 2012

RECAP
6

NOTICE OF APPEARANCE by Andrew Joseph Lucas on behalf of The City of New York (Lucas, Andrew) (Entered: 05/10/2012)

May 10, 2012

May 10, 2012

PACER
7

ANSWER to 1 Complaint., CROSSCLAIM against The City of New York. Document filed by Anthony Bologna.(Lapietra, Louis) (Entered: 06/05/2012)

June 5, 2012

June 5, 2012

RECAP
8

PRETRIAL ORDER: Pretrial Conference set for 9/26/2012 at 04:30 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet. (Signed by Judge Robert W. Sweet on 6/18/2012) (ama) (Entered: 06/18/2012)

June 18, 2012

June 18, 2012

PACER
9

ORDER. Please be advised that the conference scheduled for September 26, 2012 has been rescheduled to October 3, 2012 at 4;30 p.m. in Courtroom 18C. Please notify opposing counsel of the change. (Signed by Judge Robert W. Sweet on 7/5/2012) (bw) (Entered: 07/05/2012)

July 5, 2012

July 5, 2012

PACER
10

ANSWER to 7 Crossclaim. Document filed by The City of New York.(Weiss, Dara) (Entered: 07/20/2012)

July 20, 2012

July 20, 2012

RECAP
11

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
12

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
13

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
14

ORDER: 5/22/2013 Pretrial Conference reset for 9/18/2013 at 04:30 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet. Please notify opposing counsel of the change. (Signed by Judge Robert W. Sweet on 6/4/2013) (cd) (Entered: 06/04/2013)

June 4, 2013

June 4, 2013

PACER
15

LETTER addressed to Judge Robert W. Sweet from Dara L. Weiss dated November 1, 2013 re: Proposed Protective Order. Document filed by The City of New York. (Attachments: # 1 Text of Proposed Order Proposed Protective Order)(Weiss, Dara) (Entered: 11/01/2013)

1 Text of Proposed Order Proposed Protective Order

View on PACER

Nov. 1, 2013

Nov. 1, 2013

PACER
16

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
17

NOTICE OF CHANGE OF ADDRESS by Aymen A. Aboushi on behalf of Chelsea Elliot, Jeanne Mansfield. New Address: The Aboushi Law Firm, 1441 Broadway, 5th Floor, New York, NY, 10018, 212.391.8500. (Aboushi, Aymen) (Entered: 11/11/2013)

Nov. 11, 2013

Nov. 11, 2013

PACER
18

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
19

ORDER: The actions Clarke, et al-v.City of New York, et al., Case No. 13 cv.5303(RWS), and Ball-v.-City of New York, et al., Case No. 13 cv.5563(RWS) are related to Elliot-v.-City of New York, Case No. 12 CV. 992(RWS). The Clerk shall designate Clarke, et al. V. City of New York and Ball v. City of New York, et al, as related to Elliot v. City of New York. (Signed by Judge Robert W. Sweet on 5/21/2014) (lmb) (Entered: 05/21/2014)

May 21, 2014

May 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

REQUEST for Production of Documents.Document filed by Anthony Bologna. (Attachments: # 1 Affidavit Affidavit of Service by mail)(Lapietra, Louis) (Entered: 09/23/2014)

1 Affidavit Affidavit of Service by mail

View on PACER

Sept. 23, 2014

Sept. 23, 2014

PACER
24

ORDER: Plaintiffs' motion to compel, discussed during the September 30, 2014 pretrial conference, will be heard on Wednesday, October 15, 2014 in Courtroom 18C, United States Courthouse, 500 Pearl Street. All motion papers shall be served in accordance with Local Civil Rule 6.1. It is so ordered. (Signed by Judge Robert W. Sweet on 10/1/2014) (ajs) (Entered: 10/02/2014)

Oct. 2, 2014

Oct. 2, 2014

PACER
25

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
26

LETTER MOTION for Extension of Time for Retired Chief Joseph Esposito to appear for deposition addressed to Judge Robert W. Sweet from Dara L. Weiss dated November 17, 2014. Document filed by The City of New York.(Weiss, Dara) (Entered: 11/17/2014)

Nov. 17, 2014

Nov. 17, 2014

PACER
27

ORDER granting 26 Letter Motion for Extension of Time. So ordered. (Signed by Judge Robert W. Sweet on 11/18/2014) (ajs) (Entered: 11/18/2014)

Nov. 18, 2014

Nov. 18, 2014

PACER
28

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
29

LETTER MOTION for Local Rule 37.2 Conference to compel Defendant City to produce 30(b)6 witness addressed to Judge Robert W. Sweet from Plaintiff dated Jan. 15, 2015. Document filed by Chelsea Elliot, Jeanne Mansfield.(Aboushi, Aymen) (Entered: 01/15/2015)

Jan. 15, 2015

Jan. 15, 2015

PACER
30

ORDER: Plaintiffs' letter dated January 15, 2015 (Dkt. No. 29 ), will be heard at noon on Wednesday, January 28, 2015 in Courtroom 18C, United States Courthouse, 500 Pearl Street. All motion papers shall be served in accordance with Local Civil Rule 6.1. It is so ordered. Set Deadlines/Hearing as to 29 LETTER MOTION for Local Rule 37.2 Conference to compel Defendant City to produce 30(b)6 witness addressed to Judge Robert W. Sweet from Plaintiff dated Jan. 15, 2015. :( Motion Hearing set for 1/28/2015 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 1/16/2015) (ajs) (Entered: 01/20/2015)

Jan. 20, 2015

Jan. 20, 2015

PACER
31

LETTER RESPONSE in Opposition to Motion addressed to Judge Robert W. Sweet from Dara L. Weiss dated January 21, 2015 re: 29 LETTER MOTION for Local Rule 37.2 Conference to compel Defendant City to produce 30(b)6 witness addressed to Judge Robert W. Sweet from Plaintiff dated Jan. 15, 2015. . Document filed by The City of New York. (Weiss, Dara) (Entered: 01/21/2015)

Jan. 21, 2015

Jan. 21, 2015

PACER
32

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
33

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
34

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
35

ORDER: it is hereby ORDERED: The parties have until May 29, 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 12, 2015. All Fact Discovery due by 8/14/2015. 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
36

LETTER addressed to Magistrate Judge Michael H. Dolinger from Dara L. Weiss dated May 28, 2015 re: scheduling a further settlement conference for the Group 2 cases. Document filed by The City of New York.(Weiss, Dara) (Entered: 05/28/2015)

May 28, 2015

May 28, 2015

PACER
37

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
38

LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Michael H. Dolinger from Plaintiffs dated 6/19/2015. Document filed by Chelsea Elliot, Jeanne Mansfield.(Aboushi, Aymen) (Entered: 06/19/2015)

June 19, 2015

June 19, 2015

PACER
39

ORDER terminating 38 Letter Motion for Local Rule 37.2 Conference. it is hereby ORDERED: Defendants are to determine whether they have training records for Inspector Bologna. If so, they are to produce them by no later than June 29, 2015. If not, they are to so state by affidavit or declaration by the same date. Defendants are to provide a Rule 30(b)(6) witness conversant with the topics in plaintiffs' deposition notice concerning the Disorder Control Unit. This is to be done on a mutually convenient date, but by no later than July 10, 2015. If defendants seek to preclude such a deposition, they are to do so by formal motion by no later than June 29, 2015. SO ORDERED. (Signed by Magistrate Judge Michael H. Dolinger on 6/22/2015) Copies Sent By Chambers. (ama) (Entered: 06/22/2015)

June 22, 2015

June 22, 2015

PACER
40

LETTER addressed to Magistrate Judge Michael H. Dolinger from Dara L. Weiss dated June 26, 2015 re: Group 2 Pepper Spray Cases. Document filed by The City of New York.(Weiss, Dara) (Entered: 06/26/2015)

June 26, 2015

June 26, 2015

PACER
41

NOTICE of Settlement . Document filed by The City of New York. (Attachments: # 1 Exhibit Stipulation and Order)(Weiss, Dara) (Entered: 07/02/2015)

1 Exhibit Stipulation and Order

View on PACER

July 2, 2015

July 2, 2015

PACER
42

STIPULATION AND ORDER OF DISMISSAL: The above-reference action is hereby dismissed with prejudice. (As further set forth in this Order). (Signed by Judge Robert W. Sweet on 7/18/2015) (tro) (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: 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):

Private Plaintiff

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):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

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:

Damages

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

Pepper/OC spray

Personal injury

Restraints : chemical