Case: Schiller v. City of New York

1:04-cv-07922 | U.S. District Court for the Southern District of New York

Filed Date: Oct. 7, 2004

Closed Date: April 8, 2014

Clearinghouse coding complete

Case Summary

On October 7, 2004, this action was filed in the U.S. District Court for the Southern District of New York by individuals who participated in demonstrations in New York City during the Republican National Convention (RNC). The plaintiffs’ complaint sought compensatory damages, attorney’s fees, and to have the actions of the NYPD, in particular the arrest procedure and conditions of detention, declared unlawful. The case was assigned to Judge Kenneth M. Karas. During the convention, the police c…

On October 7, 2004, this action was filed in the U.S. District Court for the Southern District of New York by individuals who participated in demonstrations in New York City during the Republican National Convention (RNC). The plaintiffs’ complaint sought compensatory damages, attorney’s fees, and to have the actions of the NYPD, in particular the arrest procedure and conditions of detention, declared unlawful. The case was assigned to Judge Kenneth M. Karas.

During the convention, the police conducted mass-arrests that resulted in the detention of both peaceful demonstrators and others in the vicinity who were not protesting and were otherwise engaged in innocent conduct. The arrests occurred at several locations throughout the city, including on Fulton Street, Church Street, and near Union Square. The NYPD conducted these arrests using several techniques which included using large nets to capture large groups of people at once. After being arrested, they were detained for several hours and systematically fingerprinted despite being arrested for minor offenses. For many, the detention occurred at a bus depot known as Pier 57. On October 6, 2004, the Manhattan District Attorney’s office announced that it would dismiss all of the 227 prosecutions arising out of the August 31 arrests on Fulton Street. 

The plaintiffs alleged that the actions of the police violated their First, Fourth, Fifth and Fourteenth Amendment rights and their counterpart provisions in the New York State Constitution, as well as New York common law. 

On September 21, 2005, the case was consolidated with all other pending cases that related to the demonstrations during the RNC.The discovery procedure produced extensive litigation, with the parties reaching agreements and requesting protective orders for the next several years. 

On October 3, 2011, the defendants filed a motion for summary judgment as to the issue of false arrest claims at two of the locations, Church Street and Fulton Street, where mass-arrests occurred. The plaintiffs submitted a crossclaim for summary judgment as to the same issue and as to the legality of the fingerprinting that occurred while the plaintiffs were detained. 

On September 30, 2012, the court granted the plaintiffs’ motion for summary judgment as to the false arrest claims. In his order, Judge Karas concluded that the arrest of over 200 people at the locations was unlawful. Judge Karas held that the defendants theory of group probable cause as a substitute for individualized probable cause could not be sustained. The defendant’s argument rested on the presumption that the group of protestors was operating as a unit and that NYPD  was entitled to arrest the group based on the fact that some of the members were engaging in unlawful conduct. The Court found that this understanding of the probable cause requirement was an overly broad reading of Supreme Court precedent, and turned to the discussion of whether probable cause existed as to each arrested plaintiff. 

First, the Court found that the police lacked probable cause for arresting the protestors for parading without a permit. Regardless of the question of whether “parading” applies to city sidewalks, the Court found that the NYPD had actually given protestors permission to be there. NYPD officials had instructed the protestors to stay on the sidewalk in a two-by-two formation. Because this consent was revoked by the NYPD without giving the protestors the opportunity to disperse, the Court held that there was no probable cause for their arrest. 

Second, the Court found that there was no probable cause to arrest the protestors for defying a police order. The order to disperse that was given by the police was not communicated loudly enough for the protestors further from the NYPD officers to hear. Additionally, the protestors that were able to hear the order were not given an opportunity to disperse before the arrests began. Thus, there was no probable cause to arrest the protestors for defying a police order. 

As to the defendant’s proffered defense of qualified immunity, the Court found that the officers were not entitled to the defense. Based on the evidence in the record, the Court concluded that there was not even “arguable probable cause” and as such the officers were not protected by qualified immunity. 

In the same order, Judge Karas found that the fingerprinting policies employed by the NYPD were legal under the federal constitution, but granted summary judgment to the plaintiffs as to their state law claims. As to their Fourth Amendment claim, the Court found that since it is constitutionally valid to arrest for even a minor offense, it is also lawful to fingerprint the arrestees. The City of New York had also granted assurances that all fingerprint data had been deleted, and any information that had been passed on to federal law enforcement agencies had been destroyed. The Court also found that the fingerprinting policy did not substantially burden the plaintiffs’ First Amendment rights nor did the policy constitute retaliation. 

The Court held that the New York State Criminal Code allowed fingerprinting for all felonies and misdemeanors, but the defendants had claimed that the plaintiffs were detained for “violations” of the city code. The defendants failed to find any other explanation to support the need to fingerprint each arrestee and the Court held that it was a violation of state law. 

By March 13, 2014, all but nine of the plaintiffs in all of the consolidated cases had settled their claims against the defendants. On April 8, 2014, the remaining plaintiffs reached a settlement agreement with the defendants. The defendants agreed to pay attorney’s fees to the New York Civil Liberties Union in the amount of $549,995. The individual plaintiffs received individual sums ranging from $13,700 to $45,000. 

Summary Authors

Claire Butler (11/1/2022)

Related Cases

Dinler v. City of New York, Southern District of New York (2004)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4981363/parties/schiller-v-city-of-new-york/


Attorney for Plaintiff

Dunn, Christopher Thomas (New York)

Eisenberg, Arthur Nelson (New York)

Attorney for Defendant

Beck, Curt Peter (New York)

Brooks, Jeffrey Charles (New York)

Dougherty, Jeffrey Anthony (New York)

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Documents in the Clearinghouse

Document

1:04-cv-07922

Civil Docket for Case #: 1:04-cv-07922-RJS-JCF

April 8, 2014

April 8, 2014

Docket
1

1:04-cv-07922

Complaint

Oct. 7, 2004

Oct. 7, 2004

Complaint
22

1:04-cv-07922

First Amended Complaint

Feb. 15, 2005

Feb. 15, 2005

Complaint
628

1:04-cv-07922

Opinion and Order

Sept. 30, 2012

Sept. 30, 2012

Order/Opinion

2012 WL 2012

649

1:04-cv-07922

Order of Dismissal

April 8, 2014

April 8, 2014

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4981363/schiller-v-city-of-new-york/

Last updated April 8, 2024, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against City of New York, Raymond Kelly, Terence Monahan. (Filing Fee $ 150.00, Receipt Number 521867)Document filed by Robert Curely, Neal Curley, Francesca Firoentini, Michael Schiller.(gf, ) Additional attachment(s) added on 10/14/2004 (laq, ). (Entered: 10/08/2004)

Oct. 7, 2004

Oct. 7, 2004

Clearinghouse

SUMMONS ISSUED as to City of New York, Raymond Kelly, Terence Monahan. (gf, )

Oct. 7, 2004

Oct. 7, 2004

PACER

CASE REFERRED TO Judge Deborah A. Batts as possibly related to 1:04-cv-7921. (gf, )

Oct. 7, 2004

Oct. 7, 2004

PACER

Case Designated ECF. (gf, )

Oct. 7, 2004

Oct. 7, 2004

PACER
2

STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:04-cv-7921. Document filed by Robert Curely, Neal Curley, Francesca Firoentini, Michael Schiller.(gf, ) (Entered: 10/08/2004)

Oct. 8, 2004

Oct. 8, 2004

PACER
3

AFFIDAVIT OF SERVICE. City of New York served on 10/8/2004, answer due 10/28/2004. Service was accepted by Madelyn Santana, Docketing Clerk. Document filed by Robert Curely ; Neal Curley ; Francesca Firoentini ; Michael Schiller. (Dunn, Christopher) (Entered: 10/19/2004)

Oct. 19, 2004

Oct. 19, 2004

PACER
4

AFFIDAVIT OF SERVICE. City of New York served on 10/8/2004, answer due 10/28/2004. Service was accepted by Madelyn Santana, Docketing Clerk. Document filed by Robert Curely ; Neal Curley ; Francesca Firoentini ; Michael Schiller. (Dunn, Christopher) (Entered: 10/19/2004)

Oct. 19, 2004

Oct. 19, 2004

PACER
5

AFFIDAVIT OF SERVICE. Raymond Kelly served on 10/8/2004, answer due 10/28/2004. Service was accepted by John David, Assistant Counsel. Document filed by Robert Curely ; Neal Curley ; Francesca Firoentini ; Michael Schiller. (Dunn, Christopher) (Entered: 10/19/2004)

Oct. 19, 2004

Oct. 19, 2004

PACER
6

AFFIDAVIT OF SERVICE. Raymond Kelly served on 10/8/2004, answer due 10/28/2004. Service was accepted by John David, Assistant Counsel. Document filed by Robert Curely ; Neal Curley ; Francesca Firoentini ; Michael Schiller. (Dunn, Christopher) (Entered: 10/19/2004)

Oct. 19, 2004

Oct. 19, 2004

PACER
7

AFFIDAVIT OF SERVICE. Terence Monahan served on 10/12/2004, answer due 11/1/2004. Service was accepted by Richard Hilliard, Sergeant (5281). Document filed by Robert Curely ; Neal Curley ; Francesca Firoentini ; Michael Schiller. (Dunn, Christopher) (Entered: 10/19/2004)

Oct. 19, 2004

Oct. 19, 2004

PACER
8

AFFIDAVIT OF SERVICE. Terence Monahan served on 10/12/2004, answer due 11/1/2004. Service was accepted by Richard Hilliard, Sergeant (5281). Document filed by Robert Curely ; Neal Curley ; Francesca Firoentini ; Michael Schiller. (Dunn, Christopher) (Entered: 10/19/2004)

Oct. 19, 2004

Oct. 19, 2004

PACER

CASE DECLINED AS NOT RELATED. Case referred as related to 1:04-cv-7921 and declined by Judge Deborah A. Batts and returned to wheel for assignment. (laq, )

Oct. 27, 2004

Oct. 27, 2004

PACER
9

NOTICE OF CASE ASSIGNMENT to Judge Kenneth M. Karas. Judge Unassigned no longer assigned to the case. (laq, ) (Entered: 10/28/2004)

Oct. 27, 2004

Oct. 27, 2004

PACER

Magistrate Judge James C. Francis is so designated. (laq, )

Oct. 27, 2004

Oct. 27, 2004

PACER

Mailed notice to the attorney(s) of record. (laq, )

Oct. 28, 2004

Oct. 28, 2004

PACER
10

ENDORSED LETTER addressed to Judge Kenneth M. Karas from Jay A. Kranis dated 10/28/04 re: Counsel for defendant writes regarding extension of time. Defendants' request for extension of time by which to respond to the plaintiffs' complaint until 12/20/04 is granted. No further extension will be granted absent good cause. So Ordered. (Signed by Judge Kenneth M. Karas on 11/1/04) (jco, ) (Entered: 11/03/2004)

Nov. 1, 2004

Nov. 1, 2004

PACER
11

NOTICE of Law Student Intern Appearance Form -- David Billings. Document filed by Robert Curely, Neal Curley, Francesca Firoentini, Michael Schiller. (Dunn, Christopher) (Entered: 11/29/2004)

Nov. 29, 2004

Nov. 29, 2004

PACER
12

NOTICE of Law Student Intern Appearance Form -- Alicia D'Addario. Document filed by Robert Curely, Neal Curley, Francesca Firoentini, Michael Schiller. (Dunn, Christopher) (Entered: 11/29/2004)

Nov. 29, 2004

Nov. 29, 2004

PACER
13

NOTICE of Law Student Intern Appearance Form -- Alison Page. Document filed by Robert Curely, Neal Curley, Francesca Firoentini, Michael Schiller. (Dunn, Christopher) (Entered: 11/29/2004)

Nov. 29, 2004

Nov. 29, 2004

PACER
14

ENDORSED LETTER addressed to Jude Karas from Jay A. Kranis dated 12/5/04 re: In light of the parties' apparent inability to agree on the issue of consent of the release of plaintiffs' criminal records, the parties are directed to appear at a conference on December 14 at 3:30 p.m.. The motion of defendants for more time in which to subimt their answer will be held in abeyance until that time. (Signed by Judge Kenneth M. Karas on 12/7/04) (djc, ) (Entered: 12/08/2004)

Dec. 8, 2004

Dec. 8, 2004

PACER
15

ORDER that defendants' request to extend the time to answer or move to dismiss is granted. Defendants shall file an answer or motion to dismiss no later than 2/14/05. No further extensions shall be granted; that plaintiffs' request to commence discovery is denied. Discovery is stayed until 2/14/05; that the next conference with the parties is set for 2/24/05. So Ordered. (Signed by Judge Kenneth M. Karas on 12/15/04) (jco, ) (Entered: 12/16/2004)

Dec. 16, 2004

Dec. 16, 2004

PACER
16

TRANSCRIPT of proceedings held on 12/14/04 before Judge Kenneth M. Karas.(Gonzalez, Jose) (Entered: 12/17/2004)

Dec. 17, 2004

Dec. 17, 2004

PACER

MEMORANDUM TO THE DOCKET CLERK: Pre-motion conference held 2/1/2005. Case management order signed. Christopher Dunn for plaintiffs and Jay Kranis for defendants. (jog, )

Feb. 1, 2005

Feb. 1, 2005

PACER
17

NOTICE of Appearance by Jed M. Weiss on behalf of City of New York (Weiss, Jed) (Entered: 02/02/2005)

Feb. 2, 2005

Feb. 2, 2005

PACER
18

ORDER that counsel appear for a pre-motion conference on 2/2/05 at 11:30 a.m. -500 Pearl Street, courtroom 21D. (Signed by Judge Kenneth M. Karas on 1/31/05) (jco, ) (Entered: 02/04/2005)

Feb. 2, 2005

Feb. 2, 2005

PACER
19

ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge James C. Francis. (Signed by Judge Kenneth M. Karas on 2/3/05) (jco, ) (Entered: 02/07/2005)

Feb. 4, 2005

Feb. 4, 2005

PACER
20

CASE MANAGEMENT PLAN:This case is to be tried to a jury. Amended Pleadings due by 2/15/2005. Motions due by 3/3/2005. Responses due by 3/14/2005 Replies due by 3/21/2005. All Fact Discovery due by 6/15/2005. Case Management Conference set for 9/8/2005 10:00 AM before Judge Kenneth M. Karas. (Signed by Judge Kenneth M. Karas on 2/1/05) (jco, ) (Entered: 02/07/2005)

Feb. 4, 2005

Feb. 4, 2005

PACER
22

AMENDED COMPLAINT amending 1 Complaint, against City of New York, Raymond Kelly, Terence Monahan.Document filed by Robert Curely, Neal Curley, Michael Schiller, Francesca Firoentini. Related document: 1 Complaint, filed by Michael Schiller,, Francesca Firoentini,, Robert Curely,, Neal Curley,.(rag, ) (Entered: 02/22/2005)

Feb. 15, 2005

Feb. 15, 2005

Clearinghouse

Set Answer Due Date purs. to 22 Amended Complaint, as to City of New York answer due on 3/2/2005; Raymond Kelly answer due on 3/2/2005; Terence Monahan answer due on 3/2/2005. (yv, )

Feb. 15, 2005

Feb. 15, 2005

PACER
21

STATUS REPORT. Document filed by City of New York.(Weiss, Jed) (Entered: 02/18/2005)

Feb. 18, 2005

Feb. 18, 2005

PACER
23

ANSWER to Amended Complaint. Document filed by City of New York, Raymond Kelly, Terence Monahan.(Weiss, Jed) (Entered: 03/02/2005)

March 2, 2005

March 2, 2005

PACER
24

TRANSCRIPT of proceedings held on 02/01/05 before Judge Kenneth M. Karas. (es, ) (Entered: 03/25/2005)

March 25, 2005

March 25, 2005

PACER
25

ENDORSED LETTER addressed to Judge Shira A. Sheindlin from Jay A. Kranis dated 3/28/05 re: defendant may have until 5/9/05 in which to file its answer. However, both parties are directe to make the initial disclosures required by FRCP 26(a), to the extent possible. All other discovery is stayed during the interim. The 4/5/05 conference will take place as scheduled. (Signed by Judge Shira A. Scheindlin on 3/28/05) Copies Faxed by Chambers.(db, ) (Entered: 04/01/2005)

March 29, 2005

March 29, 2005

PACER

Set Answer Due Date purs. to 25 Endorsed Letter, as to City of New York answer due on 5/9/2005; Raymond Kelly answer due on 5/9/2005; Terence Monahan answer due on 5/9/2005. (db, )

March 29, 2005

March 29, 2005

PACER
26

NOTICE of Appearance by Jay Alan Kranis on behalf of City of New York (Kranis, Jay) (Entered: 04/01/2005)

April 1, 2005

April 1, 2005

PACER
28

ORDER; Status Conference set for 4/14/2005 at 4:00 PM before Judge Kenneth M. Karas. (Signed by Judge Kenneth M. Karas on 3/30/05) (sac, ) (Entered: 04/05/2005)

April 1, 2005

April 1, 2005

PACER
27

STATUS REPORT. Letter in response to plaintiffs' March 30, 2005 letter Document filed by City of New York, Raymond Kelly, Terence Monahan.(Kranis, Jay) (Entered: 04/04/2005)

April 4, 2005

April 4, 2005

PACER
29

STATUS REPORT. Document filed by City of New York.(Kranis, Jay) (Entered: 04/12/2005)

April 12, 2005

April 12, 2005

PACER

Minute Entry for proceedings held before Judge Kenneth M. Karas : Interim Pretrial Conference held on 4/14/2005. Next conference set for 4/21 (pl, )

April 14, 2005

April 14, 2005

PACER

Minute Entry for proceedings held before Judge Kenneth M. Karas : Interim Pretrial Conference held on 4/21/2005. Parties to confer and will submit proposed schedule to the Court for approval. (jog, )

April 21, 2005

April 21, 2005

PACER
30

ORDER: letter mailed to all counsel by Judge Kenneth M. Karas regarding joint letters to be filed that shall include the criteria numbered 1-7 on said Order. (Signed by Judge Kenneth M. Karas on 3/31/05) (db, ) (Entered: 04/27/2005)

April 22, 2005

April 22, 2005

PACER
31

TRANSCRIPT of proceedings held on 4/21/05 before Judge Kenneth M. Karas. (mo, ) (Entered: 05/03/2005)

May 3, 2005

May 3, 2005

PACER
32

AMENDED CASE MANAGEMENT PLAN AND SCHEDULING ORDER: Discovery due by 10/31/2005. See Document for further Scheduling Deadlines. (Signed by Judge Kenneth M. Karas on 9/8/05) (sac, ) (Entered: 09/09/2005)

Sept. 8, 2005

Sept. 8, 2005

PACER
33

ORDER; this action 04cv7922 (Lead Case) is consolidated with 1:04-cv-07922-KMK-JCF,1:04-cv-09216-KMK,1:04-cv-10178-KMK,1:05-cv-01562-KMK,1:05-cv-01563-KMK, 1:05-cv-01564-KMK,1:05-cv-01565-KMK,1:05-cv-01566-KMK,1:05-cv-01567-KMK,1:05-cv-01568-KMK, 1:05-cv-01569-KMK,1:05-cv-01570-KMK,1:05-cv-01571-KMK,1:05-cv-01572-KMK,1:05-cv-01573-KMK, 1:05-cv-01574-KMK,1:05-cv-02910-KMK,1:05-cv-02927-KMK,1:05-cv-03616-KMK,1:05-cv-03705-KMK, 1:05-cv-04949-KMK,1:05-cv-05080-KMK,1:05-cv-05150-KMK,1:05-cv-05152-KMK,1:05-cv-05268-KMK, 1:05-cv-05528-KMK,1:05-cv-06193-KMK,1:05-cv-06780-KMK,1:05-cv-06918-KMK,1:05-cv-07025-KMK, 1:05-cv-07026-KMK,1:05-cv-07536-KMK,1:05-cv-07546-KMK,1:05-cv-07547-KMK,1:05-cv-07548-KMK, 1:05-cv-07577-KMK,1:05-cv-07579-KMK,1:05-cv-07580-KMK,1:05-cv-07623-KMK,1:05-cv-07624-KMK, 1:05-cv-07625-KMK,1:05-cv-07626-KMK,1:05-cv-07670-KMK,1:05-cv-07673-KMK(Member Cases) for discovery purposes and any other case that is pending or will be filed before the undersigned and which is designated as related to the protest and arrest activity at the 2004 Republican National Convention in New York City. This caption will be the master file. These consolidated cases are referred to Magistrate Judge James C. Francis for discovery purposes. (Signed by Judge Kenneth M. Karas on 9/20/05) Filed In Associated Cases: 1:04-cv-07922-KMK-JCF,1:04-cv-09216-KMK,1:04-cv-10178-KMK,1:05-cv-01562-KMK,1:05-cv-01563-KMK, 1:05-cv-01564-KMK,1:05-cv-01565-KMK,1:05-cv-01566-KMK,1:05-cv-01567-KMK,1:05-cv-01568-KMK, 1:05-cv-01569-KMK,1:05-cv-01570-KMK,1:05-cv-01571-KMK,1:05-cv-01572-KMK,1:05-cv-01573-KMK, 1:05-cv-01574-KMK,1:05-cv-02910-KMK,1:05-cv-02927-KMK,1:05-cv-03616-KMK,1:05-cv-03705-KMK, 1:05-cv-04949-KMK,1:05-cv-05080-KMK,1:05-cv-05150-KMK,1:05-cv-05152-KMK,1:05-cv-05268-KMK, 1:05-cv-05528-KMK,1:05-cv-06193-KMK,1:05-cv-06780-KMK,1:05-cv-06918-KMK,1:05-cv-07025-KMK, 1:05-cv-07026-KMK,1:05-cv-07536-KMK,1:05-cv-07546-KMK,1:05-cv-07547-KMK,1:05-cv-07548-KMK, 1:05-cv-07577-KMK,1:05-cv-07579-KMK,1:05-cv-07580-KMK,1:05-cv-07623-KMK,1:05-cv-07624-KMK, 1:05-cv-07625-KMK,1:05-cv-07626-KMK,1:05-cv-07670-KMK,1:05-cv-07673-KMK(sac, ) (Entered: 09/22/2005)

Sept. 21, 2005

Sept. 21, 2005

PACER

CASE REFERRED to Magistrate Judge for Discovery. Referred to Magistrate Judge James C. Francis. (sac, )

Sept. 21, 2005

Sept. 21, 2005

PACER
34

ORDER in all RNC (KMK) Cases, depositions of all defense witnesses shall be noticed as set forth in this Order. Any defense witness designated a "Consolidation Witness", under the procedure set forth below, shall be deposed once for purposes of all RNC (KMK) Cases and shall not be re-deposed in any such case absent a showing of good cause. With the exception of designated expert witnesses, the depositions of Consolidation Witnesses are expected to commence in October 2005, etc. as further set forth in this Order. (Signed by Judge James C. Francis on 10/3/05) (jco, ) (Entered: 10/03/2005)

Sept. 30, 2005

Sept. 30, 2005

PACER

Minute Entry for proceedings held before Judge James C. Francis : Pretrial Conference held on 10/3/2005. (db, )

Oct. 3, 2005

Oct. 3, 2005

PACER
35

AMENDED CASE MANAGEMENT PLAN AND SCHEDULING ORDER: that all fact discovery due by 1/31/2006. that all expert discovery shall be completed by 3/31/06. (Signed by Judge James C. Francis on 10/3/05) (pl, ) Modified on 10/4/2005 (pl, ). (Entered: 10/04/2005)

Oct. 3, 2005

Oct. 3, 2005

PACER
36

ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute - Discovery Disputes Only. Referred to Magistrate Judge James C. Francis. Original document filed in 04cv7922, document # 36. (Signed by Judge Kenneth M. Karas on 9/28/05) Filed In Associated Cases: 1:04-cv-09216-KMK-JCF,1:04-cv-10178-KMK-JCF,1:05-cv-01562-KMK-JCF,1:05-cv-01563-KMK-JCF, 1:05-cv-01564-KMK-JCF,1:05-cv-01565-KMK-JCF,1:05-cv-01566-KMK-JCF,1:05-cv-01567-KMK-JCF, 1:05-cv-01568-KMK-JCF,1:05-cv-01569-KMK-JCF,1:05-cv-01570-KMK-JCF,1:05-cv-01571-KMK-JCF, 1:05-cv-01572-KMK-JCF,1:05-cv-01573-KMK-JCF,1:05-cv-01574-KMK-JCF,1:05-cv-02910-KMK-JCF, 1:05-cv-02927-KMK-JCF,1:05-cv-03478-KMK-MDF,1:05-cv-03616-KMK-JCF,1:05-cv-03705-KMK-JCF, 1:05-cv-04949-KMK-JCF,1:05-cv-05080-KMK-JCF,1:05-cv-05150-KMK-JCF,1:05-cv-05152-KMK-JCF, 1:05-cv-05268-KMK-JCF,1:05-cv-05528-KMK-JCF,1:05-cv-06193-KMK-JCF,1:05-cv-06780-KMK-JCF, 1:05-cv-06918-KMK-JCF,1:05-cv-07025-KMK-JCF,1:05-cv-07026-KMK-JCF,1:05-cv-07536-KMK-JCF, 1:05-cv-07546-KMK-JCF,1:05-cv-07547-KMK-JCF,1:05-cv-07548-KMK-JCF,1:05-cv-07577-KMK-JCF, 1:05-cv-07579-KMK-JCF,1:05-cv-07580-KMK-JCF,1:05-cv-07623-KMK-JCF,1:05-cv-07624-KMK-JCF, 1:05-cv-07625-KMK-JCF,1:05-cv-07626-KMK-JCF,1:05-cv-07670-KMK-JCF,1:05-cv-07673-KMK-JCF(db, ) (Entered: 10/04/2005)

Oct. 3, 2005

Oct. 3, 2005

PACER
42

DISCOVERY ORDER #1: regarding procedures to be followed during this actions discovery procedures and deadlines. (Signed by Judge James C. Francis on 10/3/05) Filed In Associated Cases: 1:04-cv-09216-KMK-JCF,1:04-cv-10178-KMK-JCF,1:05-cv-01562-KMK-JCF,1:05-cv-01563-KMK-JCF, 1:05-cv-01564-KMK-JCF,1:05-cv-01565-KMK-JCF,1:05-cv-01566-KMK-JCF,1:05-cv-01567-KMK-JCF, 1:05-cv-01568-KMK-JCF,1:05-cv-01569-KMK-JCF,1:05-cv-01570-KMK-JCF,1:05-cv-01571-KMK-JCF, 1:05-cv-01572-KMK-JCF,1:05-cv-01573-KMK-JCF,1:05-cv-01574-KMK-JCF,1:05-cv-02910-KMK-JCF, 1:05-cv-02927-KMK-JCF,1:05-cv-03616-KMK-JCF,1:05-cv-03705-KMK-JCF,1:05-cv-04949-KMK-JCF, 1:05-cv-05080-KMK-JCF,1:05-cv-05150-KMK-JCF,1:05-cv-05152-KMK-JCF,1:05-cv-05268-KMK-JCF, 1:05-cv-05528-KMK-JCF,1:05-cv-06193-KMK-JCF,1:05-cv-06780-KMK-JCF,1:05-cv-07025-KMK-JCF, 1:05-cv-07026-KMK-JCF,1:05-cv-07536-KMK-JCF,1:05-cv-07546-KMK-JCF,1:05-cv-07547-KMK-JCF, 1:05-cv-07548-KMK-JCF(db, ) (Entered: 11/23/2005)

Oct. 3, 2005

Oct. 3, 2005

PACER
37

PROTECTIVE ORDER regarding procedures to be followed that shall govern the handling of confidential material. (Signed by Judge James C. Francis on 10/4/05) Filed In Associated Cases: 1:04-cv-07922-KMK-JCF,1:04-cv-09216-KMK-JCF,1:04-cv-10178-KMK-JCF,1:05-cv-01562-KMK-JCF, 1:05-cv-01563-KMK-JCF,1:05-cv-01564-KMK-JCF,1:05-cv-01565-KMK-JCF,1:05-cv-01566-KMK-JCF, 1:05-cv-01567-KMK-JCF,1:05-cv-01568-KMK-JCF,1:05-cv-01569-KMK-JCF,1:05-cv-01570-KMK-JCF, 1:05-cv-01571-KMK-JCF,1:05-cv-01572-KMK-JCF,1:05-cv-01573-KMK-JCF,1:05-cv-01574-KMK-JCF, 1:05-cv-02910-KMK-JCF,1:05-cv-02927-KMK-JCF,1:05-cv-03478-KMK-JCF,1:05-cv-03616-KMK-JCF, 1:05-cv-03705-KMK-JCF,1:05-cv-04949-KMK-JCF,1:05-cv-05080-KMK-JCF,1:05-cv-05150-KMK-JCF, 1:05-cv-05152-KMK-JCF,1:05-cv-05268-KMK-JCF,1:05-cv-05528-KMK-JCF,1:05-cv-06193-KMK-JCF, 1:05-cv-06780-KMK-JCF,1:05-cv-06918-KMK-JCF,1:05-cv-07025-KMK-JCF,1:05-cv-07026-KMK-JCF, 1:05-cv-07536-KMK-JCF,1:05-cv-07546-KMK-JCF,1:05-cv-07547-KMK-JCF,1:05-cv-07548-KMK-JCF, 1:05-cv-07577-KMK-JCF,1:05-cv-07579-KMK-JCF,1:05-cv-07580-KMK-JCF,1:05-cv-07623-KMK-JCF, 1:05-cv-07624-KMK-JCF,1:05-cv-07625-KMK-JCF,1:05-cv-07626-KMK-JCF,1:05-cv-07670-KMK-JCF, 1:05-cv-07673-KMK-JCF (jco, ) Modified on 11/23/2005 (jco, ). (Entered: 10/07/2005)

Oct. 6, 2005

Oct. 6, 2005

PACER
38

NOTICE of Appearance by James Mirro on behalf of City of New York (Mirro, James) (Entered: 10/12/2005)

Oct. 12, 2005

Oct. 12, 2005

PACER
39

ORDER; case 05cv7692 is consolidated with this action for discovery purposes. (Signed by Judge Kenneth M. Karas on 9/29/05) (kco) (Entered: 10/13/2005)

Oct. 12, 2005

Oct. 12, 2005

PACER
40

AMENDED ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for general pretrial. Referred to Magistrate Judge James C. Francis. (Signed by Judge Kenneth M. Karas on 10/12/05) (cd, ) (Entered: 10/17/2005)

Oct. 14, 2005

Oct. 14, 2005

PACER

Minute Entry for proceedings held before Judge James C. Francis : Pretrial Conference held on 11/14/2005. (jco, )

Nov. 14, 2005

Nov. 14, 2005

PACER
41

2ND AMENDED ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial. Referred to Magistrate Judge James C. Francis. (Signed by Judge Kenneth M. Karas on 11/11/05) (db, ) (Entered: 11/14/2005)

Nov. 14, 2005

Nov. 14, 2005

PACER
43

ORDER; that cases 05cv7575 (KMK) and 04cv7922(KMK), is hereby consolidated for discovery purposes as related to the protest activity and arrest during the 2004 Republican National Convention and is referred to Mag. Judge Francis for general pre-trial purposes and discovery. (Signed by Judge Kenneth M. Karas on 11/15/05) (pl, ) (Entered: 12/05/2005)

Nov. 17, 2005

Nov. 17, 2005

PACER
44

ENDORSED LETTER addressed to Judge Francis from Jay Kranis dated 12/8/05: deft's time to respond to the complaints in 05-7672, 7670, 7623, 7668, 7673, 7624, 7669, 7671 is extended through 1/30/06; all current and future plntfs are bound by the RNC consolidated discovery schedules. (Signed by Judge James C. Francis on 12/12/05) (cd, ) (Entered: 12/13/2005)

Dec. 12, 2005

Dec. 12, 2005

PACER
45

AMENDED CONSOLIDATION ORDER; re: 43 Order; To date, the attached list of cases have been assigned and reassigned to this court as related to the protest activity and arrests during the 2004 Republic National Convention. These cases are hereby consolidated with 04 cv 7922, Schiller v. City of NY, for discovery purposes as related to the protest activity and arrests during the 2004 Republican National Convention and is referred to Magistrate Judge Francis for discovery. (Signed by Judge Kenneth M. Karas on 12/20/05) (djc, ) (Entered: 12/23/2005)

Dec. 20, 2005

Dec. 20, 2005

PACER

Minute Entry for proceedings held before Judge James C. Francis : Pretrial Conference held on 12/21/2005. (cd, )

Dec. 21, 2005

Dec. 21, 2005

PACER
46

3rd AMENDED ORDER OF REFERRAL TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for general pretrial (includes scheduling, discovery, non-dispositive pretrial motions and settlement). Referred to Magistrate Judge James C. Francis. (Signed by Judge Kenneth M. Karas on 12/15/05) (djc) Modified on 3/30/2006 (djc, ). (Entered: 12/23/2005)

Dec. 22, 2005

Dec. 22, 2005

PACER
47

ORDER; that cases 04cv7922 and 05cv9974 are consolidated for discovery purposes as related to the protest activity and arrest during the 2004 Republican National Convention and is referred to Magistrate Judge Francis for discovery. (Signed by Judge Kenneth M. Karas on 1/10/06) (pl, ) (Entered: 01/12/2006)

Jan. 11, 2006

Jan. 11, 2006

PACER

Minute Entry for proceedings held before Judge James C. Francis : Interim Pretrial Conference held on 1/18/2006. (djc, )

Jan. 18, 2006

Jan. 18, 2006

PACER
48

AMENDED CASE MANAGEMENT PLAN AND SCHEDULING ORDER: Fact Discovery due 5/31/2006. Expert Discovery due 7/31/06. (Signed by Judge James C. Francis on 1/19/06) (db, ) Additional attachment(s) added on 1/20/2006 (db, ). (Entered: 01/20/2006)

Jan. 19, 2006

Jan. 19, 2006

PACER
49

ORDER: the next pretrial conference in the RNF cases consolidated for discovery is set for 3/1/06 at 11:00 a.m. in courtroom 18-D. (Signed by Judge James C. Francis on 1/18/06) Copies Mailed by Chambers.(db, ) (Entered: 01/20/2006)

Jan. 19, 2006

Jan. 19, 2006

PACER

Set/Reset Hearings: Pretrial Conference set for 3/1/2006 11:00 AM before Magistrate Judge James C. Francis. (db, )

Jan. 19, 2006

Jan. 19, 2006

PACER
50

NOTICE OF APPEARANCE by Palyn P. Hung on behalf of Robert Curely, Neal Curley, Michael Schiller, Francesca Firoentini (Hung, Palyn) (Entered: 01/27/2006)

Jan. 27, 2006

Jan. 27, 2006

PACER
51

ORDER; this case is hereby consolidated with 04cv7922, Schiller v. City of New York, for discovery purposes as related to the protest activity and arrest during the 2004 Republican National Convention and is referred to Mag. Judge Francis for discovery. Counsel for the dft is to notify the plaintiff of this order. (Signed by Judge Kenneth M. Karas on 2/7/06) (pl, ) (Entered: 02/08/2006)

Feb. 8, 2006

Feb. 8, 2006

PACER

Minute Entry for proceedings held before Judge James C. Francis : Telephone (pretrial) Conference held on 2/14/2006. (jco, )

Feb. 14, 2006

Feb. 14, 2006

PACER
52

NOTICE OF APPEARANCE by Fred Michael Weiler on behalf of City of New York, Raymond Kelly, Terence Monahan (Weiler, Fred) (Entered: 02/16/2006)

Feb. 16, 2006

Feb. 16, 2006

PACER
53

ENDORSED LETTER addressed to Mag. Judge James C. Francis, IV from Payn Hung dated 2/24/06 re: As discussed in today's conference, dft need not identify the document requests to which documents that are produced correspond, provided that 1) the documents are produced as they are kept in the normal course of business 2) an index of the documents is supplied and 3) the dfts identify the source of the documents (e.g., the identity of the individual from whose file the documents were obtained. (Signed by Judge James C. Francis on 3/1/06) (pl, ) (Entered: 03/01/2006)

March 1, 2006

March 1, 2006

PACER

Minute Entry for proceedings held before Judge James C. Francis : Pretrial Conference held on 3/1/2006. (cd, )

March 1, 2006

March 1, 2006

PACER
54

TRANSCRIPT of proceedings held on 3/1/06 before Judge James C. Francis. (jco, ) (Entered: 03/14/2006)

March 10, 2006

March 10, 2006

PACER
55

ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Christopher Dunn dated 4/5/2006 re: Two problems have arisen, however, and I write to inform you of them with the hope we can address them Friday. In doing so, I recongnize the parties agreed at the lastconference that requests to the Court would be made three business days before a conference, but the problems about which I now write have just arisen.ENDORSEMENT: Issues reguarding the purportedly improperly designated of information as confidential shall be persecuted to the Court pursuant to the process laid out in Protectvie Order No. 1. The City Shall respond interrogatories Nos. 22-25, as this will expedite the desposition. (Signed by Judge James C. Francis on 4/7/2006) (jmi, ) (Entered: 04/10/2006)

April 7, 2006

April 7, 2006

PACER

Minute Entry for proceedings held before Judge James C. Francis : Status Conference held on 4/7/2006. (dle, )

April 7, 2006

April 7, 2006

PACER
56

NOTICE OF APPEARANCE by Fred Michael Weiler on behalf of City of New York, Raymond Kelly, Terence Monahan (Weiler, Fred) (Entered: 04/10/2006)

April 10, 2006

April 10, 2006

PACER
57

NOTICE OF APPEARANCE by Fred Michael Weiler on behalf of City of New York, Raymond Kelly, Terence Monahan (Weiler, Fred) (Entered: 04/10/2006)

April 10, 2006

April 10, 2006

PACER
58

NOTICE OF APPEARANCE by Fred Michael Weiler on behalf of City of New York, Raymond Kelly, Terence Monahan (Weiler, Fred) (Entered: 04/10/2006)

April 10, 2006

April 10, 2006

PACER
60

TRANSCRIPT of Civil Cause for Status Conference proceedings held on April 7, 2006 before Judge James C. Francis. (djc, ) (Entered: 04/28/2006)

April 27, 2006

April 27, 2006

PACER
59

ENDORSED LETTER addressed to Magistrate Judge James C. Francis, IV from James Mirro dated 4/26/06 re: Application GRANTED. The attached Discovery Order # 1 and Protective Order # 1 are to be entered in the cases listed on pages 2 and 3 of said Order. (Signed by Judge James C. Francis on 4/27/06) Filed In Associated Cases: 1:05-cv-06918-KMK-JCF,1:05-cv-07546-KMK-JCF,1:05-cv-07575-KMK-JCF,1:05-cv-07577-KMK-JCF, 1:05-cv-07579-KMK-JCF,1:05-cv-07623-KMK-JCF,1:05-cv-07625-KMK-JCF,1:05-cv-07670-KMK-JCF, 1:05-cv-07673-KMK-JCF(db, ) (Entered: 04/28/2006)

April 28, 2006

April 28, 2006

PACER

Minute Entry for proceedings held before Judge James C. Francis : Telephone Conference held on 5/4/2006. (djc, )

May 4, 2006

May 4, 2006

PACER

Minute Entry for proceedings held before Judge James C. Francis : Interim Pretrial Conference held on 5/12/2006. (dle, )

May 12, 2006

May 12, 2006

PACER
61

TRANSCRIPT of proceedings held on May 12, 2006 before Judge James C. Francis. Court Reporter: Ruth Ann Hager; TypeWrite Word Processing Service. (mbe, ) (Entered: 05/25/2006)

May 25, 2006

May 25, 2006

PACER
62

ENDORSED LETTER addressed to Judge James C. Francis from Peter G. Farrell dated 5/11/06 re: Counsel writes to request a protective order pursuant to F.R.C.P. 26(c) and 45(c)(3) regarding the deposition of non party retired Chief Patrick Devlin. Application denied. Chief Devlin's central role in planning for the handling of arrestees during the Republican National Convention makes him a plainly appropriate witness. The fact that he is retired attenuates the argument that he should be excused from deposition as a high-ranking government official. So Ordered. (Signed by Judge James C. Francis on 5/30/06) (jco, ) (Entered: 05/31/2006)

May 31, 2006

May 31, 2006

PACER
63

LETTER addressed to Judge Francis from Peter Farrell dated 5/24/06: re defts motion for a protective order. Document filed by City of New York.(cd, ) (Entered: 06/02/2006)

May 31, 2006

May 31, 2006

PACER
64

LETTER addressed to Judge Francis from Christopher Dunn dated 5/17/06: in opposition to deft motion for a protective order. Document filed by Michael Schiller.(cd, ) (Entered: 06/02/2006)

May 31, 2006

May 31, 2006

PACER

Minute Entry for proceedings held before Magistrate Judge James C. Francis : Status Conference held on 6/5/2006. (dle, ) .

June 5, 2006

June 5, 2006

PACER
65

ENDORSED LETTER addressed to Judge James C. Francis from Christopher Dunn dated 6/5/06 re: a request to amend the scheduling order of 1/19/06 to extend the cutoffs for fact discovery to 8/31/2006 and for expert discovery to 10/31/2006. ENDORSEMENT:The scheuled modification proposed above is adopted. SO ORDERED. (Signed by Judge James C. Francis on 6/6/06) (kco, ) (Entered: 06/06/2006)

June 6, 2006

June 6, 2006

PACER
66

ORDER; that by 6/19/06, plaintiff's counsel shall identify those documents as to which it objects to dft's designation as confidential; dft?s shall move for a protective order with respect to any documents as to which a dispute remains regarding dfts? designation as confidential; by 7/5/06 the parties shall submit answering papers with respect to the motions referred to in paragraphs 2 & 3 of this order; by 7/12/06, the parties shall submit replies with respect to the motions referred to in paragraphs 2 & 3 of this order; additional relief as set forth in this order. (Signed by Judge James C. Francis on 6/6/06) (pl, ) (Entered: 06/06/2006)

June 6, 2006

June 6, 2006

PACER

Minute Entry for proceedings held before Magistrate Judge James C. Francis : Telephone (Pretrial) Conference held on 6/14/2006. (jar, ) Modified on 6/20/2006 (ae, ).

June 14, 2006

June 14, 2006

PACER
67

ENDORSED LETTER: addressed to Magistrate Judge James C. Francis from Palyn Hung dated 6/12/2006 re: plaintiffs move for an order compelling answers to Interrogatory Numbers 18-21 in Schiller v. City of New York and Interrogatory Numbers 15-17 in Dinler v. City of New York. ENDORSEMENT: Based on the representatives in the letter of Fred M. Weiler dated 6/19/2006, defendants are deemed to have no personal knowledge of plaintiffs' actions. This includes any member of the NYPD. On that basis no further response is required of the defendant. So Ordered. (Signed by Magistrate Judge James C. Francis on 6/20/2006) (lb, ) (Entered: 06/21/2006)

June 21, 2006

June 21, 2006

PACER
69

LETTER addressed to Magistrate Judge James C. Francis from Fred M. Weiler dated 6/19/2006 re: to wite in response to plaintiffs' letter dated June 12, 2006 seeking an order compelling defendants to respond to interrogatories No. 18-21 in Schiller and Interrgatories No. 15-17 in Dinler ( the "interrgatories"). Document filed by City of New York, Raymond Kelly, Terence Monahan.(jmi, ) (Entered: 06/26/2006)

June 22, 2006

June 22, 2006

PACER
68

ENDORSED LETTER addressed to Judge Francis from Peter Farrell dated 6/22/06: granting application re extending dates to 7/7, 7/17, and 7/24 re briefing schedule. (Signed by Judge James C. Francis on 6/23/06) (Entered: 06/23/2006)

June 23, 2006

June 23, 2006

PACER
70

TRANSCRIPT of proceedings held on 6/5/06 before Judge James C. Francis. (dle, ) (Entered: 07/07/2006)

July 6, 2006

July 6, 2006

PACER

Minute Entry for proceedings held before Judge James C. Francis : Pretrial Conference held on 7/10/2006 at 11:00 am. (jmi, )

July 10, 2006

July 10, 2006

PACER
71

ENDORSED LETTER addressed to Judge James C. Francis, IV from James Mirro dated 7/11/06 re: Counsel writes to request approval of the briefing scheduled set forth in this letter. Application granted. So Ordered. (Signed by Judge James C. Francis on 7/12/06) (jco, ) (Entered: 07/12/2006)

July 12, 2006

July 12, 2006

PACER
72

ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Peter G. Farrell dated 7/26/2006 re: to request (i) approval of a briefing schedule regarding the defedants' motion fora protective order on the deposition of the Police Commissioner, and (ii) a one month extension of discovery to accommodate both that motion practice and fact discovery. Responses due by 8/18/2006. Motions due by 8/11/2006. Replies due by 8/25/2006. Discovery due by 9/30/2006.Finally, we request that the Court extend the cut-off for fact discovery until September 30, 2006, a one month extension to allow for the foregoing motion practice and to permit the parties to conclude fact discovery. As a result, we also request expert discovery to be extended one month to November 30, 2006. ENDORSEMENT: Application granted. So Ordered. (Signed by Judge James C. Francis on 7/27/2006) (jmi, ) (Entered: 07/27/2006)

July 27, 2006

July 27, 2006

PACER
73

ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Christopher Dunn dated 8/1/2006 re: to we ask that the Court promptly modify its July 10 sealing order to narrow it to only those parts of July 7 submission the City now seeks to have seald: section H of the letter brief and the attached declarations of John McManus, Laura Blackman, and Curt Beck. (Signed by Judge James C. Francis on 8/2/2006) (jmi, ) (Entered: 08/02/2006)

Aug. 2, 2006

Aug. 2, 2006

PACER
74

TRANSCRIPT of proceedings held on 7/18/06 before Judge Kenneth M. Karas. (tro, ) (Entered: 08/07/2006)

Aug. 7, 2006

Aug. 7, 2006

PACER

Minute Entry for proceedings held before Judge James C. Francis : Interim Pretrial Conference held on 8/7/2006. (djc, )

Aug. 7, 2006

Aug. 7, 2006

PACER

Case Details

State / Territory: New York

Case Type(s):

Policing

Criminal Justice (Other)

Key Dates

Filing Date: Oct. 7, 2004

Closing Date: April 8, 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The plaintiffs are individuals who were arrested and detained while protesting during the 2004 Republican National Convention in New York City.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

New York Civil Liberties Union (NYCLU)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of New York (New York), City

New York Police Department (New York), City

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Unreasonable search and seizure

Freedom of speech/association

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Damages

Declaratory Judgment

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 665795

Issues

General:

Over/Unlawful Detention

Policing:

False arrest