Case: Edrei v. Bratton

1:16-cv-01652 | U.S. District Court for the Southern District of New York

Filed Date: March 3, 2016

Closed Date: April 19, 2021

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Case Summary

This is a case about the use of long range acoustic devices (LRADs) by New York City Police Officers against civilians in connection with racial justice, anti-police brutality protests. The case took place against the backdrop of recent racial justice protests against the killing of people of color by police officers.On December 4, 2014, the plaintiffs were each protesters, observers, journalists, or filmmakers who were observing, participating in, or documenting a demonstration in response to …

On December 4, 2014, the plaintiffs were each protesters, observers, journalists, or filmmakers who were observing, participating in, or documenting a demonstration in response to a Staten Island grand jury’s decision the previous day not to indict a New York City Police Department (NYPD) officer in the controversial death of Eric Garner. The protest, which began in the afternoon and lasted long into the night, began peacefully; police officers on the scene escorted and facilitated the protests. Police began making arrests sometime in the early morning to some protesters' verbal opposition. After some objects were thrown at police by some of the protesters (none by the Plaintiffs), police deployed pepper spray and the crowd began dispersing. At this time, two officers stood in the street and fired the LRAD at dispersing protesters, identified themselves as officers, and ordered people to stay on the sidewalk and off the street or be placed in custody. The officers walked the length of the street and within three minutes had fired the LRAD between fifteen and twenty times. At certain times when the LRAD was fired, the officers were within ten feet from the Plaintiffs. The plaintiffs reported sustained physical injuries as a result of the acoustics from the LRAD, including migraines, sinus pain, dizziness, facial pressure, ear ringing, and noise sensitivity.

The plaintiffs filed suit in the U.S. District Court for the Southern District of New York in March 2016, against New York City, the specific officers who fired the LRAD, and the NYPD Commissioner. The plaintiffs claimed that firing the LRAD: (1) caused an unlawful seizure of Plaintiffs’ persons and was excessive force, in violation of the Fourth Amendment; (2) violated Plaintiffs’ right to assemble and express protected speech and that use of the LRAD was in retaliation to the Plaintiffs’ speech; (3) violated the Plaintiffs’ rights to Equal Protection and Due Process of law under the Fourteenth Amendment; (4) that the City of New York had failed to enact proper training, policies, and supervision for the use of LRADs prior to their usage on the night in question, resulting in the constitutional rights violations; (5) constituted either an Assault or Battery under New York state law; (6) constituted false imprisonment under New York state law; (7) was negligent under New York state law; (8) violated rights specified under the New York State Constitution; and (9) that the NYPD Police Commissioner was liable for the conduct of the officers who fired the LRAD.

The government filed a motion to dismiss all charges. On May 31, 2017, Judge Robert W. Sweet of the Southern District of New York partially granted the motion to dismiss. Counts two, three, six, seven, eight, and nine were dismissed but the remaining claims were allowed to proceed. 254 F.Supp.3d 565. The government filed an interlocutory appeal the following June seeking to dismiss the remaining claims using the defense of Qualified Immunity. In August, Judge Sweet granted the government’s motion to stay the remaining proceedings pending the outcome of officers’ qualified immunity defense.

In June 2018, Chief Judge Robert Katzmann of the Court of Appeals for the Second Circuit ruled against the Defendants and affirmed the District Court denial of the qualified immunity defense for the Fourteenth Amendment claims (254 F.Supp.3d 565). The case was remanded to the District Court and discovery proceedings commenced. One of the Plaintiffs voluntarily dismissed all of his claims in September of 2019. The government appealed to the Supreme Court but the court denied certiorari.

The parties to the case were referred to a Magistrate Judge in March of 2020 and a settlement conference was scheduled later that year. Following multiple settlement conferences over the remainder of 2020, the parties reached an agreement and the case was ordered dismissed by Judge Jesse Furman of the Southern District of New York in January 2021.

The settlement stipulated as follows: In exchange for no admission of guilt by the defendants and the voluntary dismissal of all of the plaintiffs’ claims, the NYPD agreed to implement new guidelines and training materials for the use of LRADs, including banning use of the LRAD deterrent tone altogether, requiring better recordkeeping of LRAD usage, and listing specific operators allowed to use LRADs. The City of New York also paid damages to specific plaintiffs in addition to paying their attorney’s fees. More on the settlement can be read here: https://www.dropbox.com/s/skh6m5ryhy1ixvd/Edrei%20LRAD%20Press%20Release.pdf?dl=0%20%20(cut%20and%20pasted%20below)

https://www.dropbox.com/s/8qxh6aqw8jefzcv/%20Edrei%20LRAD%20FAQ.pdf?dl=0

The settlement agreement provides for no ongoing court supervision; thus, the case is effectively over.

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Summary Authors

John Duffield (6/14/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6062180/parties/edrei-v-bratton/

Judge(s)

Attorney for Plaintiff

Attorney for Defendant

#2, John Doe (New York)

Abudu, Nancy Gbana (New York)

Antonelli, Jeffrey J (New York)

Arias, Richard M (New York)

Aribakan, Suzanne Emily (New York)

Judge(s)

Furman, Jesse Matthew (New York)

Katzmann, Robert A. (New York)

Sweet, Robert Workman (New York)

Attorney for Plaintiff

Cohen, Samuel Benjamin (New York)

Cohen, Elena L (New York)

Decker, Michael J (New York)

Massimi, Jessica (New York)

Mills, Paul Lance (New York)

Oliver, Gideon Orion (New York)

Stecklow, Wylie M. (New York)

Attorney for Defendant

#2, John Doe (New York)

Abudu, Nancy Gbana (New York)

Antonelli, Jeffrey J (New York)

Arias, Richard M (New York)

Aribakan, Suzanne Emily (New York)

Arko, Christopher Gregory (New York)

Ash, Spencer L. (New York)

Bahrenburg, Richard (New York)

Balog, Aliza Jordana (New York)

Bellucci, Janice M. (New York)

Bieniek, Scott F (New York)

Brewer, Donna Marie (New York)

Brocker, Peter William (New York)

Brousseau, Shawn F. (New York)

Buchanan, Michael F. (New York)

Buskey, Brandon (New York)

Byrns, Katherine Abigail (New York)

Campbell, Hank B. (New York)

Cherniak, Ari (New York)

Cohen, Daniel A. (New York)

Cohen, Adam Philip (New York)

Colfax, Reed (New York)

Cooper, David Allen (New York)

Corriea, Beth D (New York)

Cox, Justin Bryan (New York)

Coyne, Christopher John (New York)

Crook, Jamie L. (New York)

Cutting, Jeremy Dakota (New York)

Davis, Douglas William (New York)

Degori, Elizabeth Carolyn (New York)

Delgadillo, Rockard J (New York)

Dowd, William T. (New York)

Dowd, Douglas P. (New York)

Driscoll, John J. (New York)

Duckett, Tahir (New York)

Edmonds, Elizabeth (New York)

Edwards, Ezekiel (New York)

Faulman, Sara Lyn (New York)

Fitzgerald, Elizabeth T (New York)

Fogarty, Peter John (New York)

Frank, Philip Sebastian (New York)

Garman, Ashley Rebecca (New York)

Goldfaden, Robin Lisa (New York)

Grey, William Andrew (New York)

Hammond, Julian Ari (New York)

Hans, Stephen D. (New York)

Haynie, Jared M. (New York)

Hayward, Todd (New York)

Herrera, Kevin Lee (New York)

Hollie, Atteeyah Eshe (New York)

Holzman, Lawrence Roger (New York)

James, Jack Pettus (New York)

Joachin, Mayra B. (New York)

Johnson, Paul Hasan (New York)

Johnson, Noel H (New York)

Johnson, James E. (New York)

Jr, James Bopp (New York)

Keaney, Melissa S. (New York)

Kerlin, Norma (New York)

Kim, Grace Diane (New York)

Kircher, Christopher D (New York)

Kurland, Sherrill M. (New York)

Larkin, Arthur G (New York)

Lax, Joshua Joseph (New York)

Lichterman, Ariel Shaun (New York)

Lin, Johnson Li (New York)

Loperfido, Jeffrey (New York)

Lovin, William Robert (New York)

Lulich, Aimee Kara (New York)

Lumaghi, Alex (New York)

McGillivary, Gregory Keith (New York)

McLaren, Joanne M. (New York)

McQueen, Matthew William (New York)

Mettham, Suzanna Publicker (New York)

Milton, Alexa (New York)

Mishra, Anjan (New York)

Modafferi, Matthew Joseph (New York)

Moy, Gary (New York)

Multer, Andrew Jay (New York)

Murphy, Robert A. (New York)

Naasz, Matthew E. (New York)

Nacchio, Michael (New York)

Oliner, Daniel Harrison (New York)

Osmond, Mark Andrew (New York)

Pals, Gregory J. (New York)

Pecherskaya, Polina (New York)

Phillips, Kaylan L (New York)

Pidgeon, Stephen Walter (New York)

Pietz, Morgan E. (New York)

Plowden, Geoffrey R (New York)

Pogula, Monica Mongillo (New York)

Quinn, Christopher J. (New York)

Rue, Joseph E (New York)

Rutherford, Ashley Benson (New York)

Salvucci, Carla A. (New York)

Sampale, Suvarna S. (New York)

Sarpong, Nana Kwame (New York)

Schmedlin, William Francis (New York)

Seacord, Christopher Aaron (New York)

Selvin, Karen Beth (New York)

Shaffer, Ryan Glenn (New York)

Sheehan, Michael J. (New York)

Siddiqi, Omar Javed (New York)

Silverberg, Steven Mark (New York)

Siskind, Shira Rachel (New York)

Sledjeski, Thomas Sledjeski (New York)

Smith, Colleen R (New York)

Stackhouse, Noreen M. (New York)

Stadler, Adiella Cyril (New York)

Stodola, Damion Kenneth (New York)

Swartz, Rhiana Lauren (New York)

Thomas, Angelie (New York)

Tilley, Daniel Boaz (New York)

Troupis, Sarah E (New York)

Tumlin, Karen C. (New York)

Vail, Jason (New York)

Vaughan, Stephen J. (New York)

Wachs, Melissa (New York)

Walden, James A (New York)

Wanner, Bradley Michael (New York)

Wardenski, Joseph (New York)

Wedner, Gregory A (New York)

Wilson, Angharad (New York)

Yaffe, Eric L. (New York)

Younger, Stephen P. (New York)

Zimmerman, Tobias Eli (New York)

Zuckerman, Mark David (New York)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1:16-cv-01652	Docket	April 19, 2021	April 19, 2021 Docket
1 1:16-cv-01652	Complaint and Demand for Jury Trial Edrei v. The City of New York	March 3, 2016	March 3, 2016 Complaint
21 1:16-cv-01652	First Amended Complaint and Demand For a Jury Trial Edrei v. The City of New York	Aug. 3, 2016	Aug. 3, 2016 Complaint
53 1:16-cv-01652	Opinion Edrei v. City of New York	May 31, 2017	May 31, 2017 Order/Opinion 254 F.Supp.3d 565
66 1:16-cv-01652	Opinion Edrei v. City of New York	Aug. 31, 2017	Aug. 31, 2017 Order/Opinion 2017 WL 3822744
72-1 0:17-02065	Opinion [U.S. Court of Appeals for the Second Circuit] Edrei v. Maguire U.S. Court of Appeals for the Second Circuit	June 13, 2018	June 13, 2018 Order/Opinion 892 F.3d 525
78 1:16-cv-01652	[Order] Edrei v. City of New York	April 16, 2019	April 16, 2019 Order/Opinion
142 1:16-cv-01652	Order of Dismissal	April 14, 2021	April 14, 2021 Order/Opinion
144 1:16-cv-01652	Stipulation of Settlement Edrei v. The City of New York	April 19, 2021	April 19, 2021 Settlement Agreement

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Resources

Title	Description		External URL Date / External URL
Edrei LRAD Press Release Elena Cohen	The City of New York will ban the use of the so-called deterrent or alert tone on all New York City Police Department Long Range Acoustic Device (“LRAD”) sound cannons; pay out $748,000 in damages an…	April 19, 2021	April 19, 2021 https://www.dropbox.com/...
Edrei v. NYC LRAD Litigation Settlement Elena Cohen	The New York City Police Department must establish written policies in a NYPD Administrative Guide provision covering NYPD LRAD uses that: a. Ban use of the LRAD deterrent/alert tone altogether; b.…	April 18, 2021	April 18, 2021
Victory for NLG NYC Members in Civil Rights Case Challenging NYPD Use of LRAD Sound Cannons Against Protesters	The National Lawyers Guild summarizes and explains the District Court's May 31, 2017 denial of the City of New York's motion to dismiss, including commentary by the plaintiffs and links to related ca…	June 1, 2017	June 1, 2017 https://www.nlg.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/6062180/edrei-v-bratton/

Last updated Oct. 11, 2025, 3:04 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against William Bratton, John Doe #2, "John Doe #1" Maguire, City New York. (Filing Fee $ 400.00, Receipt Number 0208-12027995)Document filed by Keegan Stephan, Shay Horse, James Craven, Michael Nusbaum, Anika Edrei. (Attachments: # 1 Exhibit A - NYPD Disorder Control Unit 2010 Briefing on Long Range Acoustic Devices, # 2 Exhibit B - Letter to Defendant NYPD Commissioner William Bratton re: LRADs and December 4-5, 2014)(Oliver, Gideon) (Entered: 03/03/2016) 1 Exhibit A - NYPD Disorder Control Unit 2010 Briefing on Long Range Acoustic Devi View on PACER 2 Exhibit B - Letter to Defendant NYPD Commissioner William Bratton re: LRADs and View on PACER	March 3, 2016	March 3, 2016 RECAP
2	CIVIL COVER SHEET filed. (Oliver, Gideon) (Entered: 03/03/2016)	March 3, 2016	March 3, 2016 PACER
3	REQUEST FOR ISSUANCE OF SUMMONS as to CITY OF NEW YORK, re: 1 Complaint,. Document filed by James Craven, Anika Edrei, Shay Horse, Michael Nusbaum, Keegan Stephan. (Oliver, Gideon) (Entered: 03/03/2016)	March 3, 2016	March 3, 2016 PACER
4	REQUEST FOR ISSUANCE OF SUMMONS as to NYPD COMMISSIONER WILLIAM BRATTON, re: 1 Complaint,. Document filed by James Craven, Anika Edrei, Shay Horse, Michael Nusbaum, Keegan Stephan. (Oliver, Gideon) (Entered: 03/03/2016)	March 3, 2016	March 3, 2016 PACER
5	NOTICE OF APPEARANCE by Elena Louisa Cohen on behalf of James Craven, Anika Edrei, Shay Horse, Michael Nusbaum, Keegan Stephan. (Cohen, Elena) (Entered: 03/03/2016)	March 3, 2016	March 3, 2016 PACER
	Notice of Participation in Section 1983 Plan	March 4, 2016	March 4, 2016 PACER
	Notice to Attorney Regarding Party Modification	March 4, 2016	March 4, 2016 PACER
	Case Opening Initial Assignment Notice	March 4, 2016	March 4, 2016 PACER
	Notice to Attorney Regarding Case Opening Statistical Error Correction	March 4, 2016	March 4, 2016 PACER
6	NOTICE OF PARTICIPATION IN LOCAL CIVIL RULE 83.10 (FORMERLY THE SECTION 1983 PLAN): Unless otherwise ordered, this case shall participate in the Southern District of New York's Local Civil Rule 83.10. Please reference the Court's website, www.nysd.uscourts.gov, to review Local Civil Rule 83.10, updated 4/1/2015, for important information.(rpr) (Entered: 03/04/2016)	March 4, 2016	March 4, 2016 PACER
7	ELECTRONIC SUMMONS ISSUED as to The City Of New York,. (pc) (Entered: 03/04/2016)	March 4, 2016	March 4, 2016 PACER
8	ELECTRONIC SUMMONS ISSUED as to William Bratton. (pc) (Entered: 03/04/2016)	March 4, 2016	March 4, 2016 PACER
	***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Gideon Orion Oliver. The party information for the following party/parties has been modified: John Doe #2, Lieutenant "John Doe #1" Maguire, City New York, Commissioner William Bratton. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party name was entered with quotation marks; party text was omitted. (pc)	March 4, 2016	March 4, 2016 PACER
	***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Gideon Orion Oliver. The following case opening statistical information was erroneously selected/entered: County code New York; Fee Status code due (due). The following correction(s) have been made to your case entry: the County code has been modified to Kings; the Fee Status code has been modified to pd (paid). (pc)	March 4, 2016	March 4, 2016 PACER
	CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Robert W. Sweet. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php. (pc)	March 4, 2016	March 4, 2016 PACER
	Magistrate Judge Barbara C. Moses is so designated. (pc)	March 4, 2016	March 4, 2016 PACER
	Case Designated ECF. (pc)	March 4, 2016	March 4, 2016 PACER
10	AFFIDAVIT OF SERVICE of Summons and Complaint,. The City Of New York, served on 3/11/2016, answer due 4/1/2016. Service was accepted by BETTY MAZYCK, SERVICE WINDOW CLERK. Service was made by MAIL. Document filed by Keegan Stephan; Shay Horse; James Craven; Michael Nusbaum; Anika Edrei. (Oliver, Gideon) (Entered: 03/14/2016)	March 14, 2016	March 14, 2016 PACER
9	AFFIDAVIT OF SERVICE of Summons and Complaint,. William Bratton served on 3/11/2016, answer due 4/1/2016. Service was accepted by STEVEN DRENNEN at NYPD Legal Bureau. Service was made by MAIL. Document filed by Keegan Stephan; Shay Horse; James Craven; Michael Nusbaum; Anika Edrei. (Oliver, Gideon) (Entered: 03/14/2016)	March 14, 2016	March 14, 2016 PACER
11	NOTICE OF APPEARANCE by Ashley Rebecca Garman on behalf of William Bratton, The City Of New York,. (Garman, Ashley) (Entered: 03/28/2016)	March 28, 2016	March 28, 2016 PACER
12	FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - JOINT LETTER MOTION for Conference seeking removal of this case from the 1983 Plan addressed to Judge Robert W. Sweet from Gideon Orion Oliver dated April 4, 2016. Document filed by James Craven, Anika Edrei, Shay Horse, Michael Nusbaum, Keegan Stephan.(Oliver, Gideon) Modified on 4/5/2016 (ldi). (Entered: 04/04/2016)	April 4, 2016	April 4, 2016 PACER
	Notice to Attorney to Re-File Document - Event Type Error	April 5, 2016	April 5, 2016 PACER
13	JOINT LETTER addressed to Judge Robert W. Sweet from Gideon Orion Oliver dated April 4, 2016 re: requesting removal of the case from the 1983 Plan. Document filed by James Craven, Anika Edrei, Shay Horse, Michael Nusbaum, Keegan Stephan.(Oliver, Gideon) (Entered: 04/05/2016)	April 5, 2016	April 5, 2016 PACER
	***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Gideon Orion Oliver to RE-FILE Document 12 JOINT LETTER MOTION for Conference seeking removal of this case from the 1983 Plan addressed to Judge Robert W. Sweet from Gideon Orion Oliver dated April 4, 2016. Use the event type Letter found under the event list Other Documents. (ldi)	April 5, 2016	April 5, 2016 PACER
14	MEMO ENDORSEMENT on re: 13 Letter re: Requesting removal of the case from the 1983 Plan, filed by Michael Nusbaum, Anika Edrei, Shay Horse, James Craven, Keegan Stephan. ENDORSEMENT: So ordered. (Signed by Judge Robert W. Sweet on 4/5/2016) (spo) (Entered: 04/06/2016)	April 6, 2016	April 6, 2016 PACER
15	PRETRIAL ORDER: Pretrial Conference set for 5/18/2016 at 04:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet. (As further set forth in this Order.) (Signed by Judge Robert W. Sweet on 4/11/2016) (kko) (Entered: 04/11/2016)	April 11, 2016	April 11, 2016 PACER
16	ORDER: Please be advised that the conference scheduled for 5/18/2016 has been rescheduled to 4/20/2016 at 4:00 pm in Courtroom 18C. Please notify opposing counsel of the change. (Pretrial Conference set for 4/20/2016 at 04:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 4/15/2016) (tn) (Entered: 04/15/2016)	April 15, 2016	April 15, 2016 PACER
	Minute Entry for proceedings held before Judge Robert W. Sweet: Initial Pretrial Conference held on 4/20/2016. (Chan, Tsz)	April 20, 2016	April 20, 2016 PACER
17	ORDER: Brief due by 2/10/2017. Fact Discovery due by 1/18/2017. Motions due by 2/10/2017. Proposed Pretrial Order due by 2/10/2017. Final Pretrial Conference set for 2/10/2017 at 04:00 PM before Judge Robert W. Sweet. (As further set forth in this Order.) (Signed by Judge Robert W. Sweet on 4/20/2016) (spo) Modified on 6/13/2016 (tro). (Entered: 04/21/2016)	April 21, 2016	April 21, 2016 PACER
18	FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR FIRST AMENDED COMPLAINT amending 1 Complaint, against William Bratton, The City Of New York,, John Maguire, Mike Poletto with JURY DEMAND.Document filed by Shay Horse, James Craven, Michael Nusbaum, Keegan Stephan, Anika Edrei, Alexander Appel. Related document: 1 Complaint, filed by Michael Nusbaum, Anika Edrei, Shay Horse, James Craven, Keegan Stephan. (Attachments: # 1 Appendix A - NYPD Disorder Control Unit LRAD Briefing, # 2 Appendix B - 2014-12-12 Bratton Letter)(Oliver, Gideon) Modified on 8/2/2016 (dgo). (Entered: 08/01/2016)	Aug. 1, 2016	Aug. 1, 2016 PACER
19	FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Lt. John Maguire, re: 18 Amended Complaint,,. Document filed by Alexander Appel, James Craven, Anika Edrei, Shay Horse, Michael Nusbaum, Keegan Stephan. (Oliver, Gideon) Modified on 8/2/2016 (dgo). (Entered: 08/01/2016)	Aug. 1, 2016	Aug. 1, 2016 PACER
20	FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Mike Poletto, re: 18 Amended Complaint,,. Document filed by Alexander Appel, James Craven, Anika Edrei, Shay Horse, Michael Nusbaum, Keegan Stephan. (Oliver, Gideon) Modified on 8/2/2016 (dgo). (Entered: 08/01/2016)	Aug. 1, 2016	Aug. 1, 2016 PACER
	Notice to Attorney Regarding Deficient Request for Issuance of Summons	Aug. 2, 2016	Aug. 2, 2016 PACER
	Notice to Attorney Regarding Deficient Pleading	Aug. 2, 2016	Aug. 2, 2016 PACER
	***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Gideon Orion Oliver to RE-FILE re: Document No. 18 Amended Complaint,,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; opposing party did not consent to the amendment of the pleading; the order granting permission to file the pleading was not attached; Court's leave has not been granted Please add John Maguire, Mike Poletto again to the docket. In the Party Text box when creating the party, enter "In their official capacities. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (dgo)	Aug. 2, 2016	Aug. 2, 2016 PACER
	***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney to RE-FILE Document No. 19 Request for Issuance of Amended Summons, 20 Request for Issuance of Amended Summons,. The filing is deficient for the following reason(s): the wrong event type was used to file the request for issuance of summons;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dgo)	Aug. 2, 2016	Aug. 2, 2016 PACER
21	FIRST AMENDED COMPLAINT amending 1 Complaint, against William Bratton, John Maguire, Mike Poletto, The City Of New York,, John Maguire, Mike Poletto with JURY DEMAND.Document filed by Shay Horse, James Craven, Michael Nusbaum, Keegan Stephan, Alexander Appel, Anika Edrei. Related document: 1 Complaint, filed by Michael Nusbaum, Anika Edrei, Shay Horse, James Craven, Keegan Stephan. (Attachments: # 1 Exhibit A - 2012 DCU LRAD Briefing, # 2 Exhibit B - 12/12 Bratton Letter)(Oliver, Gideon) (Entered: 08/03/2016) 1 Exhibit A - 2012 DCU LRAD Briefing View on PACER 2 Exhibit B - 12/12 Bratton Letter View on PACER	Aug. 3, 2016	Aug. 3, 2016 RECAP
22	REQUEST FOR ISSUANCE OF SUMMONS as to John Maguire, re: 21 Amended Complaint,,. Document filed by Alexander Appel, James Craven, Anika Edrei, Shay Horse, Michael Nusbaum, Keegan Stephan. (Oliver, Gideon) (Entered: 08/03/2016)	Aug. 3, 2016	Aug. 3, 2016 PACER
23	REQUEST FOR ISSUANCE OF SUMMONS as to Mike Poletto, re: 21 Amended Complaint,,. Document filed by Alexander Appel, James Craven, Anika Edrei, Shay Horse, Michael Nusbaum, Keegan Stephan. (Oliver, Gideon) (Entered: 08/03/2016)	Aug. 3, 2016	Aug. 3, 2016 PACER
24	ELECTRONIC SUMMONS ISSUED as to Mike Poletto(Individually. Shield No. 3762), Mike Poletto(in his official capacity). (dgo) (Entered: 08/04/2016)	Aug. 4, 2016	Aug. 4, 2016 PACER
25	ELECTRONIC SUMMONS ISSUED as to John Maguire(Individually), John Maguire(in his official capacity). (dgo) (Entered: 08/04/2016)	Aug. 4, 2016	Aug. 4, 2016 PACER
26	AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,. John Maguire(Individually) served on 8/9/2016, answer due 8/30/2016; John Maguire(in his official capacity) served on 8/9/2016, answer due 8/30/2016. Service was accepted by NYPD SERGEANT CASTRO MARKS, SHIELD NUMBER 1601,. Service was made by MAIL. Document filed by Shay Horse; James Craven; Michael Nusbaum; Keegan Stephan; Alexander Appel; Anika Edrei. (Oliver, Gideon) (Entered: 08/09/2016)	Aug. 9, 2016	Aug. 9, 2016 PACER
27	AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,. Mike Poletto(Individually. Shield No. 3762) served on 8/9/2016, answer due 8/30/2016; Mike Poletto(in his official capacity) served on 8/9/2016, answer due 8/30/2016. Service was accepted by NYPD SERGEANT CASTRO MARKS, SHIELD NUMBER 1601,. Service was made by MAIL. Document filed by Shay Horse; James Craven; Michael Nusbaum; Keegan Stephan; Alexander Appel; Anika Edrei. (Oliver, Gideon) (Entered: 08/09/2016)	Aug. 9, 2016	Aug. 9, 2016 PACER
28	FIRST LETTER MOTION for Extension of Time to File Response/Reply as to 21 Amended Complaint,, addressed to Judge Robert W. Sweet from Ashley R. Garman dated August 23, 2016. Document filed by William Bratton, The City Of New York,.(Garman, Ashley) (Entered: 08/23/2016)	Aug. 23, 2016	Aug. 23, 2016 PACER
29	ORDER granting 28 Letter Motion for Extension of Time to File Response/Reply as to 21 Amended Complaint. So ordered. (Signed by Judge Robert W. Sweet on 8/30/2016) (kko) (Entered: 08/30/2016)	Aug. 30, 2016	Aug. 30, 2016 PACER
	Set/Reset Deadlines: William Bratton answer due 10/11/2016; John Maguire (Individually) answer due 10/11/2016; John Maguire (in his official capacity) answer due 10/11/2016; Mike Poletto (Individually. Shield No. 3762) answer due 10/11/2016; Mike Poletto (in his official capacity) answer due 10/11/2016; The City Of New York answer due 10/11/2016. (kko)	Aug. 30, 2016	Aug. 30, 2016 PACER
30	NOTICE OF APPEARANCE by Ashley Rebecca Garman on behalf of John Maguire(Individually), John Maguire(in his official capacity), Mike Poletto(Individually. Shield No. 3762), Mike Poletto(in his official capacity). (Garman, Ashley) (Entered: 09/07/2016)	Sept. 7, 2016	Sept. 7, 2016 PACER
31	CONSENT LETTER MOTION for Extension of Time to File motion papers addressed to Judge Robert W. Sweet from Ashley R. Garman dated October 3, 2016. Document filed by William Bratton, John Maguire(Individually), John Maguire(in his official capacity), Mike Poletto(Individually. Shield No. 3762), Mike Poletto(in his official capacity), The City Of New York,.(Garman, Ashley) (Entered: 10/03/2016)	Oct. 3, 2016	Oct. 3, 2016 PACER
32	ORDER granting 31 Letter Motion for Extension of Time to File motion papers. So ordered. (Signed by Judge Robert W. Sweet on 10/4/2016) (kgo) (Entered: 10/04/2016)	Oct. 4, 2016	Oct. 4, 2016 PACER
	Set/Reset Deadlines: Motions due by 10/25/2016. (kgo)	Oct. 4, 2016	Oct. 4, 2016 PACER
33	CONSENT LETTER MOTION for Leave to File Excess Pages related to defendants' forthcoming motion to dismiss addressed to Judge Robert W. Sweet from Ashley R. Garman dated October 19, 2016. Document filed by William Bratton, John Maguire(Individually), John Maguire(in his official capacity), Mike Poletto(Individually. Shield No. 3762), Mike Poletto(in his official capacity), The City Of New York,.(Garman, Ashley) (Entered: 10/19/2016)	Oct. 19, 2016	Oct. 19, 2016 PACER
34	ORDER granting 33 CONSENT LETTER MOTION for Leave to File Excess Pages related to defendants' forthcoming motion to dismiss addressed to Judge Robert W. Sweet from Ashley R. Garman dated October 19, 2016. Document filed by William Bratton, John Maguire (Individually), John Maguire (in his official capacity), Mike Poletto (Individually. Shield No. 3762), Mike Poletto (in his official capacity), The City Of New York. So ordered. (Signed by Judge Robert W. Sweet on 10/20/2016) (rjm) (Entered: 10/20/2016)	Oct. 20, 2016	Oct. 20, 2016 PACER
35	MOTION to Dismiss . Document filed by William Bratton, John Maguire(Individually), John Maguire(in his official capacity), Mike Poletto(Individually. Shield No. 3762), Mike Poletto(in his official capacity), The City Of New York,. Responses due by 11/30/2016(Garman, Ashley) (Entered: 10/25/2016)	Oct. 25, 2016	Oct. 25, 2016 PACER
36	MEMORANDUM OF LAW in Support re: 35 MOTION to Dismiss . . Document filed by William Bratton, John Maguire(Individually), John Maguire(in his official capacity), Mike Poletto(Individually. Shield No. 3762), Mike Poletto(in his official capacity), The City Of New York,. (Garman, Ashley) (Entered: 10/25/2016)	Oct. 25, 2016	Oct. 25, 2016 RECAP
37	DECLARATION of Ashley R. Garman in Support re: 35 MOTION to Dismiss .. Document filed by William Bratton, John Maguire(Individually), John Maguire(in his official capacity), Mike Poletto(Individually. Shield No. 3762), Mike Poletto(in his official capacity), The City Of New York,. (Attachments: # 1 Exhibit A, # 2 Exhibit B - Part 1, # 3 Exhibit B - Part 2, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E)(Garman, Ashley) (Entered: 10/25/2016)	Oct. 25, 2016	Oct. 25, 2016 PACER
38	ORDER: Defendants' motion to dismiss the first amended complaint, dated October 25, 2016, shall be heard at noon on Thursday, January 12, 2017 in Courtroom 18C, United States Courthouse, 500 Pearl Street. Any opposition shall be served by November 30, 2016 in accordance with the October 4, 2016 scheduling order and any reply shall be served by December 28, 2016. IT IS SO ORDERED., ( Oral Argument set for 1/12/2017 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 10/26/2016) (ama) (Entered: 10/26/2016)	Oct. 26, 2016	Oct. 26, 2016 PACER
39	CONSENT LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Robert W. Sweet from Elena L. Cohen dated November 29, 2016. Document filed by Alexander Appel, James Craven, Anika Edrei, Shay Horse, Michael Nusbaum, Keegan Stephan.(Cohen, Elena) (Entered: 11/29/2016)	Nov. 29, 2016	Nov. 29, 2016 PACER
40	ORDER granting 39 CONSENT LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Robert W. Sweet from Elena L. Cohen dated November 29, 2016. Document filed by Alexander Appel, James Craven, Anika Edrei, Shay Horse, Michael Nusbaum, Keegan Stephan. So ordered. (Responses due by 12/5/2016. Replies due by 1/2/2017). (Signed by Judge Robert W. Sweet on 11/30/2016) (rjm) (Entered: 11/30/2016)	Nov. 30, 2016	Nov. 30, 2016 PACER
41	NOTICE OF APPEARANCE by Michael J Decker on behalf of Alexander Appel, James Craven, Anika Edrei, Shay Horse, Michael Nusbaum, Keegan Stephan. (Decker, Michael) (Entered: 12/05/2016)	Dec. 5, 2016	Dec. 5, 2016 PACER
42	DECLARATION of GIDEON ORION OLIVER in Opposition re: 35 MOTION to Dismiss .. Document filed by Alexander Appel, James Craven, Anika Edrei, Shay Horse, Michael Nusbaum, Keegan Stephan. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5 - PART 1, # 6 Exhibit 5 - PART 2, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19)(Oliver, Gideon) (Entered: 12/05/2016)	Dec. 5, 2016	Dec. 5, 2016 RECAP
43	DECLARATION of Elena L. Cohen in Opposition re: 35 MOTION to Dismiss .. Document filed by Alexander Appel, James Craven, Anika Edrei, Shay Horse, Michael Nusbaum, Keegan Stephan. (Cohen, Elena) (Entered: 12/05/2016)	Dec. 5, 2016	Dec. 5, 2016 PACER
44	DECLARATION of Michael J. Decker in Opposition re: 35 MOTION to Dismiss .. Document filed by Alexander Appel, James Craven, Anika Edrei, Shay Horse, Michael Nusbaum, Keegan Stephan. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Oliver, Gideon) (Entered: 12/05/2016)	Dec. 5, 2016	Dec. 5, 2016 PACER
45	MEMORANDUM OF LAW in Opposition re: 35 MOTION to Dismiss . . Document filed by Alexander Appel, James Craven, Anika Edrei, Shay Horse, Michael Nusbaum, Keegan Stephan. (Oliver, Gideon) (Entered: 12/06/2016)	Dec. 5, 2016	Dec. 5, 2016 PACER
46	CONSENT LETTER MOTION for Leave to File Amended Memorandum of Law addressed to Judge Robert W. Sweet from Gideon Orion Oliver dated December 6, 2016. Document filed by Alexander Appel, James Craven, Anika Edrei, Shay Horse, Michael Nusbaum, Keegan Stephan.(Oliver, Gideon) (Entered: 12/06/2016)	Dec. 6, 2016	Dec. 6, 2016 PACER
47	ORDER granting 46 Letter Motion for Leave to File Document. So ordered. (Signed by Judge Robert W. Sweet on 12/8/2016) (cf) (Entered: 12/08/2016)	Dec. 8, 2016	Dec. 8, 2016 PACER
48	AMENDED MEMORANDUM OF LAW in Opposition re: 35 MOTION to Dismiss . . Document filed by Alexander Appel, James Craven, Anika Edrei, Shay Horse, Michael Nusbaum, Keegan Stephan. (Oliver, Gideon) (Entered: 12/08/2016)	Dec. 8, 2016	Dec. 8, 2016 PACER
49	LETTER MOTION for Leave to File Excess Pages in connection with defendants' Reply Memorandum of Law addressed to Judge Robert W. Sweet from Ashley R. Garman dated December 29, 2016. Document filed by William Bratton, John Maguire(Individually), John Maguire(in his official capacity), Mike Poletto(Individually. Shield No. 3762), Mike Poletto(in his official capacity), The City Of New York,.(Garman, Ashley) (Entered: 12/29/2016)	Dec. 29, 2016	Dec. 29, 2016 PACER
50	REPLY MEMORANDUM OF LAW in Support re: 35 MOTION to Dismiss . . Document filed by William Bratton, John Maguire(Individually), John Maguire(in his official capacity), Mike Poletto(Individually. Shield No. 3762), Mike Poletto(in his official capacity), The City Of New York,. (Garman, Ashley) (Entered: 01/03/2017)	Jan. 3, 2017	Jan. 3, 2017 RECAP
51	ORDER granting 49 Letter Motion for Leave to File Excess Pages in connection with defendants' Reply Memorandum of Law. So ordered. (Signed by Judge Robert W. Sweet on 1/3/2017) (cla) (Entered: 01/03/2017)	Jan. 3, 2017	Jan. 3, 2017 PACER
52	ORDER. Defendants' motion to dismiss the first amended complaint, dated October 25, 2016, shall be heard at noon on Thursday, January 26, 2017 in Courtroom 18C, United States Courthouse, 500 Pearl Street. It is so ordered. (Oral Argument set for 1/26/2017 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 1/4/2017) (rjm) (Entered: 01/06/2017)	Jan. 6, 2017	Jan. 6, 2017 PACER
	Minute Entry for proceedings held before Judge Robert W. Sweet: Oral Argument held on 1/26/2017 re: 35 MOTION to Dismiss filed by Mike Poletto, The City Of New York,, William Bratton, John Maguire. Motion held.Motion to dismiss reserved. (Chan, Tsz)	Jan. 26, 2017	Jan. 26, 2017 PACER
53	OPINION re: 35 MOTION to Dismiss filed by Mike Poletto, The City Of New York, William Bratton, John Maguire. For the foregoing reasons, Defendants' motion to dismiss is granted with regards to Counts Two, Three, Six, Seven, Eight, and Nine, and denied with regards to Counts One, Four, and Five. It is so ordered. (Signed by Judge Robert W. Sweet on 5/31/2017) (anc) (Entered: 05/31/2017)	May 31, 2017	May 31, 2017 RECAP
54	PRETRIAL ORDER: Counsel are directed to appear in courtroom 18C on July 11, 17 @ 12pm for a pretrial conference for the purpose of resolving any outstanding discovery or other issues, and sett a time for trial, as further set forth in this order. (Pretrial Conference set for 7/11/2017 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 6/1/2017) (jwh) (Entered: 06/01/2017)	June 1, 2017	June 1, 2017 PACER
55	LETTER MOTION for Extension of Time to File Answer re: 21 Amended Complaint,, addressed to Judge Robert W. Sweet from Ashley Garman dated June 9, 2017. Document filed by William Bratton, John Maguire(Individually), John Maguire(in his official capacity), Mike Poletto(Individually. Shield No. 3762), Mike Poletto(in his official capacity), The City Of New York,.(Garman, Ashley) (Entered: 06/09/2017)	June 9, 2017	June 9, 2017 PACER
56	ORDER granting 55 Letter Motion for Extension of Time to Answer re 21 Amended Complaint. So Ordered., (William Bratton answer due 7/5/2017; John Maguire(Individually) answer due 7/5/2017; John Maguire(in his official capacity) answer due 7/5/2017; Mike Poletto (Individually. Shield No. 3762) answer due 7/5/2017; Mike Poletto(in his official capacity) answer due 7/5/2017; The City Of New York, answer due 7/5/2017.) (Signed by Judge Robert W. Sweet on 6/12/17) (yv) (Entered: 06/12/2017)	June 12, 2017	June 12, 2017 PACER
	Appeal Record Sent to USCA - Electronic File	June 30, 2017	June 30, 2017 PACER
	Transmission of Notice of Appeal and Docket Sheet to USCA	June 30, 2017	June 30, 2017 PACER
	Appeal Fee Due	June 30, 2017	June 30, 2017 PACER
	USCA Appeal Fees	June 30, 2017	June 30, 2017 PACER
57	NOTICE OF INTERLOCUTORY APPEAL from 53 Memorandum & Opinion,. Document filed by John Maguire(Individually), John Maguire(in his official capacity), Mike Poletto(Individually. Shield No. 3762), Mike Poletto(in his official capacity). Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Garman, Ashley) (Entered: 06/30/2017)	June 30, 2017	June 30, 2017 PACER
	Appeal Fee Due: for 57 Notice of Interlocutory Appeal. Appeal fee due by 7/14/2017. (tp)	June 30, 2017	June 30, 2017 PACER
	Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 57 Notice of Interlocutory Appeal. (tp)	June 30, 2017	June 30, 2017 PACER
	Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 57 Notice of Interlocutory Appeal, filed by Mike Poletto, John Maguire were transmitted to the U.S. Court of Appeals. (tp)	June 30, 2017	June 30, 2017 PACER
	USCA Appeal Fees received $ 505.00 receipt number 465401184748 on 06/30/2017 re: 57 Notice of Interlocutory Appeal filed by Mike Poletto, John Maguire. (nd)	June 30, 2017	June 30, 2017 PACER
58	LETTER MOTION for Extension of Time to File Answer re: 21 Amended Complaint,, for adjournment of the July 11, 2017, conference and setting forth defendants' position regarding the District Court's lack of jurisdiction pending Maguire and Poletto's interlocutory appeal and in the alternative, requesting a discretionary stay pending the appeal addressed to Judge Robert W. Sweet from Ashley R. Garman dated July 5, 2017. Document filed by William Bratton, John Maguire(Individually), John Maguire(in his official capacity), Mike Poletto(Individually. Shield No. 3762), Mike Poletto(in his official capacity), The City Of New York,.(Garman, Ashley) (Entered: 07/05/2017)	July 5, 2017	July 5, 2017 RECAP
59	ORDER: Defendants' motion to stay the proceedings, dated July 5, 2017, shall be heard at 2:00 PM on Wednesday, July 19, 2017 in Courtroom 18C, United States Courthouse, 500 Pearl Street. Papers in opposition shall be served on or before July 12, 2017, at noon, and any reply papers shall be served on or before July 17, 2017, at noon. Motion Hearing set for 7/19/2017 at 02:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet. (Signed by Judge Robert W. Sweet on 7/5/2017) (cf) (Entered: 07/05/2017)	July 5, 2017	July 5, 2017 PACER
60	ORDER granting 58 Letter Motion for Extension of Time to Answer. Time to answer and adjournment of conference are granted on consent. Motion to stay will be heard July 19. William Bratton answer due 7/19/2017; John Maguire(Individually) answer due 7/19/2017; John Maguire(in his official capacity) answer due 7/19/2017; Mike Poletto(Individually. Shield No. 3762) answer due 7/19/2017; Mike Poletto(in his official capacity) answer due 7/19/2017; The City Of New York, answer due 7/19/2017 (Signed by Judge Robert W. Sweet on 7/5/2017) (cf) (Entered: 07/05/2017)	July 5, 2017	July 5, 2017 PACER
61	ORDER: Please be advised that the conference scheduled for 7-11-17 has been rescheduled to 7-13-17 at 12pm in Courtroom 18C. Please notify opposing counsel of the change. (Pretrial Conference set for 7/13/2017 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 7/7/2017) (jwh) (Entered: 07/07/2017)	July 7, 2017	July 7, 2017 PACER
62	CONSENT LETTER MOTION to Adjourn Conference currently scheduled for 7/13/17 and oral argument on Defendants' application for a stay currently scheduled for 7/19/17 addressed to Judge Robert W. Sweet from Gideon Orion Oliver dated July 11, 2017. Document filed by Alexander Appel, James Craven, Anika Edrei, Shay Horse, Michael Nusbaum, Keegan Stephan.(Oliver, Gideon) (Entered: 07/11/2017)	July 11, 2017	July 11, 2017 PACER
63	ORDER granting 62 Letter Motion to Adjourn Conference: So ordered. (Oral Argument set for 8/2/2017 at 11:00 AM before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 7/11/2017) (jwh) (Entered: 07/11/2017)	July 11, 2017	July 11, 2017 PACER
64	LETTER RESPONSE in Opposition to Motion addressed to Judge Robert W. Sweet from Gideon Orion Oliver dated July 12, 2017 re: 58 LETTER MOTION for Extension of Time to File Answer re: 21 Amended Complaint,, for adjournment of the July 11, 2017, conference and setting forth defendants' position regarding the District Court's lack of jurisdiction pending Magu . Document filed by Alexander Appel, James Craven, Anika Edrei, Shay Horse, Michael Nusbaum, Keegan Stephan. (Attachments: # 1 Exhibit 1 - Orders from Schwartz v. NYC)(Oliver, Gideon) (Entered: 07/12/2017) 1 Exhibit 1 - Orders from Schwartz v. NYC View on RECAP	July 12, 2017	July 12, 2017 RECAP
65	ANSWER to 21 Amended Complaint,, with JURY DEMAND. Document filed by John Maguire(Individually), John Maguire(in his official capacity), Mike Poletto(Individually. Shield No. 3762), Mike Poletto(in his official capacity), The City Of New York,.(Garman, Ashley) (Entered: 07/19/2017)	July 19, 2017	July 19, 2017 RECAP
	Minute Entry for proceedings held before Judge Robert W. Sweet: Oral Argument held on 8/2/2017 re: 58 LETTER MOTION for Extension of Time to File Answer re: 21 Amended Complaint,, for adjournment of the July 11, 2017, conference and setting forth defendants' position regarding the District Court's lack of jurisdiction pending Magu filed by Mike Poletto, The City Of New York,, William Bratton, John Maguire. Motion Pending. (Chan, Tsz)	Aug. 2, 2017	Aug. 2, 2017 PACER
66	OPINION re: 58 LETTER MOTION: Defendants John Maguire ("Maguire"), Mike Poletto ("Poletto" and, together with Maguire, the "Officers"), and the City of New York ("NYC" and, collectively with the Officers, the "Defendants") have moved to stay proceedings before the Court as to the remaining claims brought by Plaintiffs Anika Edrei ("Edrei"), Shay Horse ("Horse"), James Craven ("Craven"), Keegan Stephan ("Stephan"), Michael Nusbaum ("Nusbaum"), and Alexander Appel ("Appel") (collectively, the "Plaintiffs") pending the outcome of Defendants' interlocutory appeal on the issue of the Officers' qualified immunity defense. For the foregoing reasons, Defendants' motion to stay proceedings as to Plaintiffs' claims pending resolution of their appeal is granted. (Signed by Judge Robert W. Sweet on 8/31/2017) (jwh) (Entered: 08/31/2017)	Aug. 31, 2017	Aug. 31, 2017 RECAP
	Case Stayed (jwh)	Aug. 31, 2017	Aug. 31, 2017 PACER
67	OPINION of USCA (Certified) as to 57 Notice of Interlocutory Appeal, filed by Mike Poletto, John Maguire. USCA Case Number 17-2065. Plaintiffs, six individuals who participated in and observed protests in Manhattan on the night of December 4.5, 2014, sued Lieutenant John Maguire and Officer Mike Poletto ("defendants") of the New York Police Department under 42 U.S.C. 1983. The complaint alleges, among other things, that defendants violated plaintiffs' Fourteenth Amendment right against excessive force when they used a long-range acoustic device ("LRAD"), also known as a "sound gun," to disperse non-violent protesters, resulting in significant injuries, including hearing loss. Defendants moved to dismiss, arguing, in part, that they were entitled to qualified immunity because the complaint neither stated a Fourteenth Amendment claim nor alleged a violation of clearly established law. The district court rejected both arguments, reasoning that LRADs, which can cause injuries comparable to those caused by other tools that are capable of excessive force, fit within the scope of existing precedents. For the reasons stated in this opinion, we AFFIRM the district court's order insofar as it denied defendants qualified immunity for the Fourteenth Amendment claim. This case is REMANDED for further proceedings Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 06/13/2018. (nd) (Entered: 06/13/2018)	June 13, 2018	June 13, 2018 RECAP
	Transmission of USCA Opinion to the District Judge re: 67 USCA Opinion. (nd)	June 13, 2018	June 13, 2018 PACER
68	MANDATE of USCA (Certified Copy) as to 57 Notice of Interlocutory Appeal, filed by Mike Poletto, John Maguire USCA Case Number 17-2065. IT IS HEREBY ORDERED, ADJUDGED and DECREED that judgment of the district court is AFFIRMED. The case is REMANDED for further proceedings consistent with this Courts opinion. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 9/6/2018. (tp) (Entered: 09/06/2018)	Sept. 6, 2018	Sept. 6, 2018 PACER
	Transmission of USCA Mandate/Order to the District Judge re: 68 USCA Mandate. (tp)	Sept. 6, 2018	Sept. 6, 2018 PACER
69	PRETRIAL ORDER: Counsel are directed to appear in courtroom 18C on 9-25-18 at 12 p.m. for a pretrial conference for the purpose of resolving any outstanding discovery or other issues, and setting a time for trial. IT IS SO ORDERED., ( Pretrial Conference set for 9/25/2018 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 9/21/2018) (ama) (Entered: 09/21/2018)	Sept. 21, 2018	Sept. 21, 2018 PACER

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Case Details

State / Territory: New York

Case Type(s):

Policing

Key Dates

Filing Date: March 3, 2016

Closing Date: April 19, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs were present at and either observing, documenting, or participating in a demonstration in response to a Staten Island grand jury’s decision not to indict a New York City Police Department officer when they allegedly suffered injuries from police use of long range acoustic devices (LRAD).

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

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action: