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Case: Campbell v. City of New York

1:21-cv-04056 | U.S. District Court for the Southern District of New York

Filed Date: May 6, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about an essential worker who was arrested by NYPD for violating curfew restrictions during the COVID-19 pandemic. On June 3, 2020, the plaintiff was working as a food delivery driver for Whole Foods in New York City. As the city-wide curfew went into effect, he was returning home from his shift, stopped by NYPD officers, and forced off of his bicycle. The plaintiff provided written confirmation from Whole Foods that he was an essential worker and thus permitted to be out past th…

This is a case about an essential worker who was arrested by NYPD for violating curfew restrictions during the COVID-19 pandemic. On June 3, 2020, the plaintiff was working as a food delivery driver for Whole Foods in New York City. As the city-wide curfew went into effect, he was returning home from his shift, stopped by NYPD officers, and forced off of his bicycle. The plaintiff provided written confirmation from Whole Foods that he was an essential worker and thus permitted to be out past the curfew; however, he was arrested and jailed for several hours before being released with a summons for a curfew violation that was later dropped. 

On May 6, 2021, the plaintiff filed this lawsuit in the United States District Court for the Southern District of New York, and the case was initially assigned to District Judge Alison J. Nathan. The plaintiff sued the City of New York and four individual NYPD officers under 42 U.S.C. §1983 alleging violations of his Fourth Amendment right against unlawful search and seizure and his Fourteenth Amendment right against excessive force. The plaintiff also brought claims for violations of state constitutional and common law. Represented by private counsel, he sought compensatory and punitive damages as well as a declaratory judgment that the action and policy of arresting individuals without inquiry as to their essential worker status violated the Constitution. 

On July 12th, 2021, the plaintiff amended his complaint to include class claims. The plaintiff aimed to represent a class of at least 300 essential workers who were arrested by police in situations similar to his. The case was originally moved to mediation on January 26th, 2022, but was removed upon the defendant's request on May 6th, 2022. The defendants were unable to assign a settlement value for their claims because they had not found any records of the plaintiff’s detention that could independently corroborate the plaintiff’s claims. The plaintiff did not object to the removal of the case from mediation. The case was then reassigned to Judge Jennifer L. Rochon on September 19th, 2022.

This case is ongoing, with discovery set to end by the end of the calendar year and trial potentially slated for early 2023. 

Summary Authors

Claire Butler (11/11/2022)

Documents in the Clearinghouse

Document
1

1:21-cv-04056

Complaint and Jury Demand

May 6, 2021

May 6, 2021

Complaint
10

1:21-cv-04056

First Amended Complaint with Jury Demand

July 12, 2021

July 12, 2021

Complaint
10

1:21-cv-04056

First Amended Complaint with Jury Demand

July 12, 2021

July 12, 2021

Complaint
24

1:21-cv-04056

Status Report

May 5, 2022

May 5, 2022

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/59885755/campbell-v-city-of-new-york/

Last updated Oct. 11, 2022, 6:59 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against CITY OF NEW YORK, NYPD OFFICERS JOHN DOES #1-4. (Filing Fee $ 402.00, Receipt Number ANYSDC-24501351)Document filed by Victor Campbell..(Gangat, Mohammed) (Entered: 05/06/2021)

May 6, 2021

May 6, 2021

PACER
2

CIVIL COVER SHEET filed..(Gangat, Mohammed) (Entered: 05/06/2021)

May 6, 2021

May 6, 2021

PACER
3

REQUEST FOR ISSUANCE OF SUMMONS as to City of New York, and NYPD Officers John Does #1-4 (True Names Being Presently Unknown), re: 1 Complaint. Document filed by Victor Campbell..(Gangat, Mohammed) (Entered: 05/06/2021)

May 6, 2021

May 6, 2021

PACER
4

ELECTRONIC SUMMONS ISSUED as to City of New York, John Does #1-4..(jgo) (Entered: 05/07/2021)

May 7, 2021

May 7, 2021

PACER

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Mohammed Ahmed Gangat. The party information for the following party/parties has been modified: CITY OF NEW YORK; NYPD OFFICERS JOHN DOES #1-4. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was omitted;. (jgo)

May 7, 2021

May 7, 2021

PACER

Case Designated ECF. (jgo)

May 7, 2021

May 7, 2021

PACER

Notice to Attorney Regarding Party Modification

May 7, 2021

May 7, 2021

PACER

Case Opening Initial Assignment Notice

May 7, 2021

May 7, 2021

PACER

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alison J. Nathan. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. 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 https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo)

May 7, 2021

May 7, 2021

PACER

Magistrate Judge Kevin Nathaniel Fox is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo)

May 7, 2021

May 7, 2021

PACER

Notice of Participation in Section 1983 Plan

May 10, 2021

May 10, 2021

PACER

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)

May 10, 2021

May 10, 2021

PACER
5

NOTICE OF INITIAL PRETRIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on Friday, September 10, 2021 at 3:15 pm in Courtroom 906 of the United States District Court for the Southern District of New York, Thurgood Marshall U.S. Courthouse at 40 Foley Square, New York, New York. Additionally, in accordance with the Court's Individual Rules, the parties are hereby ORDERED to ECF file a Proposed Civil Case Management Plan and Scheduling Order no later than seven days prior to the Initial Pretrial Conference. The parties shall use this Court's form Proposed Case Management Plan and Scheduling Order available at the Court's website (http://nysd.uscourts.gov/judge/Nathan). IT IS FURTHER ORDERED that included with the Proposed Civil Case Management Plan, the parties jointly submit a letter, not to exceed five (5) pages, providing the following information in separate paragraphs as further set forth in this Order. Counsel who have noticed an appearance as of the issuance of this order are directed to notify all other parties attorneys in this action by serving upon each of them a copy of this order and the Court's Individual Rules (available at the Court's website, http://nysd.uscourts.gov/judge/Nathan) forthwith. If unaware of the identity of counsel for any of the parties, counsel receiving this order must forthwith send a copy of this order and Individual Rules to that party personally. ( Initial Conference set for 9/10/2021 at 03:15 PM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 5/17/21) (yv) (Entered: 05/18/2021)

May 18, 2021

May 18, 2021

PACER
6

NOTICE OF APPEARANCE by Joshua Fuld Nessen on behalf of Victor Campbell..(Nessen, Joshua) (Entered: 05/19/2021)

May 19, 2021

May 19, 2021

PACER
7

LETTER addressed to Judge Alison J. Nathan from Joshua Fuld Nessen, Esq. dated June 23, 2021 re: Why This Case is Not Related to "In Re: New York City Policing During Summer 2020 Demonstrations", Consolidated Cases in 1:20-cv-08924 (CM)(GWG). Document filed by Victor Campbell..(Nessen, Joshua) (Entered: 06/23/2021)

June 23, 2021

June 23, 2021

PACER
8

SUMMONS RETURNED EXECUTED Summons and Complaint served. City of New York served on 6/24/2021, answer due 7/15/2021. Service was accepted by Betty Mezyck, Agent for Service of Process. Document filed by Victor Campbell..(Gangat, Mohammed) (Entered: 06/28/2021)

June 28, 2021

June 28, 2021

PACER
9

FILING ERROR - DEFICIENT PLEADING - FILER ERROR - FIRST AMENDED COMPLAINT amending 1 Complaint against City of New York, John Does #1-4 with JURY DEMAND.Document filed by Victor Campbell. Related document: 1 Complaint..(Gangat, Mohammed) Modified on 6/29/2021 (jgo). (Entered: 06/28/2021)

June 28, 2021

June 28, 2021

PACER

Notice to Attorney Regarding Deficient Pleading

June 29, 2021

June 29, 2021

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Mohammed Ahmed Gangat to RE-FILE re: Document No. 9 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; add party Victor Campbell with party text 'individually and on behalf of all others similarly situated'; the wrong filer/filers were selected for the pleading;. 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. (jgo)

June 29, 2021

June 29, 2021

PACER
10

AMENDED COMPLAINT amending 9 Amended Complaint, against City of New York, John Does #1-4 with JURY DEMAND.Document filed by Victor Campbell "individually and on behalf of all others similarly situated". Related document: 9 Amended Complaint,..(Gangat, Mohammed) (Entered: 07/12/2021)

July 12, 2021

July 12, 2021

Clearinghouse

ADD PARTY FOR PLEADING. Plaintiffs/Petitioners Victor Campbell "individually and on behalf of all others similarly situated" added. Party added pursuant to 9 Amended Complaint,.Document filed by Victor Campbell "individually and on behalf of all others similarly situated". Related document: 9 Amended Complaint,..(Gangat, Mohammed)

July 12, 2021

July 12, 2021

PACER
11

NOTICE OF APPEARANCE by Omar Javed Siddiqi on behalf of City of New York..(Siddiqi, Omar) (Entered: 07/14/2021)

July 14, 2021

July 14, 2021

PACER
12

ORDER: In light of the COVID-19 public health crisis, the Court will not hold the upcoming initial pretrial conference in this case, scheduled for September 10, 2021, at 3:15 p.m., in person. Per the Court's notice of initial pretrial conference, Dkt. No. 5, the parties are required to submit their proposed case management plan and joint letter by September 3, 2021. In the joint letter, the parties should advise the Court if they can do without a conference altogether. If so, the Court may enter a case management plan and scheduling order and the parties need not appear. If not, the Court will hold the initial pretrial conference by telephone, which the parties can access by dialing (888) 363-4749 and entering access code 9196964. In either case, counsel should review and comply with the Court's Emergency Individual Rules and Practices in light of COVID-19, available at https://www.nysd.uscourts.gov/hon-alison-j-nathan. SO ORDERED. (Signed by Judge Alison J. Nathan on 8/27/2021) (vfr) (Entered: 08/27/2021)

Aug. 27, 2021

Aug. 27, 2021

RECAP
13

ORDER: On August 27, 2021, the Court ordered the parties to submit a joint letter and proposed case management plan by September 3, 2021, for the conference scheduled September 10, 2021. Dkt. No. 12. The Court has not received the parties submissions. The parties shall comply with the Courts August 27, 2021 order by September 8, 2021. SO ORDERED. (Signed by Judge Alison J. Nathan on 9/7/2021) (mml) (Entered: 09/07/2021)

Sept. 7, 2021

Sept. 7, 2021

RECAP
14

LETTER MOTION to Adjourn Conference of September 10, 2021 addressed to Judge Alison J. Nathan from Mohammed Gangat, Esq. dated September 8, 2021. Document filed by Victor Campbell..(Gangat, Mohammed) (Entered: 09/08/2021)

Sept. 8, 2021

Sept. 8, 2021

PACER
15

ORDER granting 14 Letter Motion to Adjourn Conference. The Court GRANTS Plaintiff's consent request to adjourn. The conference scheduled for September 10, 2021, is adjourned to January 21, 2022, at 3:15 p.m. The parties shall jointly file a status report by November 8, 2021. By January 14, 2022, the parties shall file a joint letter and case management plan per the Court's order dated August 27, 2021. Dkt. No. 12. SO ORDERED. Initial Conference set for 1/21/2022 at 03:15 PM before Judge Alison J. Nathan.. (Signed by Judge Alison J. Nathan on 9/10/2021) (kv) (Entered: 09/10/2021)

Sept. 10, 2021

Sept. 10, 2021

RECAP
16

ORDER: The Court on September 10, 2021, ordered the parties to file a status update by November 8, 2021. Dkt. No. 15. The Court is not in receipt of any update. The parties shall file a status update by November 19, 2021. SO ORDERED. (Signed by Judge Alison J. Nathan on 11/15/2021) (vfr) (Entered: 11/15/2021)

Nov. 15, 2021

Nov. 15, 2021

RECAP
17

STATUS REPORT. Document filed by Victor Campbell..(Gangat, Mohammed) (Entered: 11/19/2021)

Nov. 19, 2021

Nov. 19, 2021

PACER
18

MEMO ENDORSEMENT on re: 17 Status Report filed by Victor Campbell. ENDORSEMENT: The Court thanks the parties for the status update. (Signed by Judge Alison J. Nathan on 11/22/2021) (rro) (Entered: 11/22/2021)

Nov. 22, 2021

Nov. 22, 2021

PACER
19

STATUS REPORT. Document filed by City of New York..(Siddiqi, Omar) (Entered: 01/14/2022)

Jan. 14, 2022

Jan. 14, 2022

PACER
20

MEMO ENDORSEMENT on re: 19 Status Report filed by City of New York. ENDORSEMENT: SO ORDERED. City of New York answer due 1/24/2022. (Signed by Judge Alison J. Nathan on 1/18/2022) (ate) (Entered: 01/18/2022)

Jan. 18, 2022

Jan. 18, 2022

PACER

Set/Reset Deadlines: Discovery due by 2/21/2022. (ate)

Jan. 18, 2022

Jan. 18, 2022

PACER
21

ANSWER to 10 Amended Complaint, with JURY DEMAND. Document filed by City of New York..(Siddiqi, Omar) (Entered: 01/26/2022)

Jan. 26, 2022

Jan. 26, 2022

PACER

NOTICE OF SELECTION FOR MEDIATION: This case has been selected for participation in the Southern District of New York's mediation program.(jpt)

Jan. 26, 2022

Jan. 26, 2022

PACER

LOCAL CIVIL RULE 83.10 (FORMERLY THE SECTION 1983 PLAN) 100-DAY REVIEW: The mediator shall be available to the parties throughout the discovery phase of the Rule and shall schedule and hold the first mediation session in the case within ten (10) days of the close of the discovery period. In the event that the mediation cannot begin within the time set forth herein, the assigned mediator shall promptly notify the Mediation Supervisor of the date by which the mediation will begin and the reason for the delay. The mediator shall correspond with the Mediation Office to arrange a mutually convenient date and time to hold the first session. 1983-Plan Review due by 5/6/2022. Mediator to be Assigned by 2/7/2022.(jpt)

Jan. 26, 2022

Jan. 26, 2022

PACER

Section 1983 Plan 100-Day Review

Jan. 27, 2022

Jan. 27, 2022

PACER

Notice of Selection for Mediation

Jan. 27, 2022

Jan. 27, 2022

PACER

Magistrate Judge Jennifer Willis is so redesignated. (aea)

Feb. 7, 2022

Feb. 7, 2022

PACER

Notice of Mediator Assignment

Feb. 14, 2022

Feb. 14, 2022

PACER

NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator.(ah)

Feb. 14, 2022

Feb. 14, 2022

PACER

Mediation Conference Scheduled

March 3, 2022

March 3, 2022

PACER

FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 4/12/2022 at 10:30 AM in telephone or video conference.(rpr)

March 3, 2022

March 3, 2022

PACER
22

ORDER: The parties' deadline of March 21, 2022, to submit a status update, Dkt. No. 20, is hereby adjourned to April 19, 2022. SO Ordered. (Signed by Judge Alison J. Nathan on 3/22/2022) (js) (Entered: 03/23/2022)

March 22, 2022

March 22, 2022

RECAP

MEDIATION CONFERENCE NOT HELD Mediation Conference scheduled for 4/12/2022 will be not held. Mediation Status due by 4/22/2022.(mnp)

April 7, 2022

April 7, 2022

PACER

Mediation Conference Not Held

April 7, 2022

April 7, 2022

PACER

Notice of Case Assignment/Reassignment

April 10, 2022

April 10, 2022

PACER

NOTICE OF CASE REASSIGNMENT to Judge John G. Koeltl. Judge Alison J. Nathan is no longer assigned to the case. (laq)

April 10, 2022

April 10, 2022

PACER
23

ORDER: The parties' deadline to submit a status update, ECF No. 22, is extended to May 25, 2022. (Signed by Judge John G. Koeltl on 4/25/2022) (ate) (Entered: 04/25/2022)

April 25, 2022

April 25, 2022

RECAP
24

STATUS REPORT. Document filed by City of New York..(Siddiqi, Omar) (Entered: 05/05/2022)

May 5, 2022

May 5, 2022

Clearinghouse
25

MEMO ENDORSEMENT on re: 24 Status Report filed by City of New York ENDORSEMENT: The parties should submit a Rule 26(f) report by 5/20/22. SO ORDERED. (Signed by Judge John G. Koeltl on 5/6/2022) (ks) (Entered: 05/06/2022)

May 6, 2022

May 6, 2022

PACER
27

PROPOSED CASE MANAGEMENT PLAN. Document filed by City of New York..(Siddiqi, Omar) (Entered: 05/20/2022)

May 20, 2022

May 20, 2022

PACER
28

SCHEDULING ORDER: Fact Discovery due by 12/1/2022. Deposition due by 10/31/2022. Amended Pleadings due by 8/30/2022. Joinder of Parties due by 8/30/2022. Ready for Trial by 1/1/2023. The parties anticipate that the trial of this case will require 1 day. The parties request a jury trial. The parties do not consent to Magistrate Judge jurisdiction at this time. The parties should submit a Joint Pre-Trial Order by 1/6/2023 or 21 days after decision of any dispositive motion. Ready-Trial, 48 hours notice 14 days after submission of Joint Pre-Trial Order. So ordered. Pretrial Order due by 1/6/2023. (Signed by Judge John G. Koeltl on 5/23/2022) (va) (Entered: 05/24/2022)

May 24, 2022

May 24, 2022

PACER
29

NOTICE OF APPEARANCE by Jennifer L. Goltche on behalf of City of New York..(Goltche, Jennifer) (Entered: 06/13/2022)

June 13, 2022

June 13, 2022

PACER
30

NOTICE OF REASSIGNMENT: This case has been reassigned to the undersigned. All counsel must familiarize themselves with the Court's Individual Rules, which are available at https://nysd.uscourts.gov/hon-jennifer-l-rochon. Unless and until the Court orders otherwise, all prior orders, dates, and deadlines shall remain in effect notwithstanding the case's reassignment. Any conference or oral argument before or directed by the Magistrate Judge will proceed as ordered. However, all previ ously-scheduled appearances or conferences before the District Court are hereby adjourned pending further notice from the Court. Additionally, within two weeks of the filing of this Order, the parties are hereby ORDERED to file on ECF a joint letter updating the Court on the status of the case. The joint letter shall not exceed four (4) pages, and shall provide the following information, to the extent it is relevant, in separate paragraphs: as further set forth herein. (Signed by Judge Jennifer L. Rochon on 9/19/2022) (kv)

Sept. 19, 2022

Sept. 19, 2022

RECAP

NOTICE OF CASE REASSIGNMENT to Judge Jennifer L. Rochon. Judge John G. Koeltl is no longer assigned to the case. (nb)

Sept. 19, 2022

Sept. 19, 2022

PACER

Notice of Case Assignment/Reassignment

Sept. 19, 2022

Sept. 19, 2022

PACER

Case Details

State / Territory: New York

Case Type(s):

Policing

Criminal Justice (Other)

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: May 6, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiff is an essential worker who was arrested in NYC during the city-wide, COVID-19 lockdown for being out after curfew.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

City of New York (New York City, New York), City

New York Police Department (New York, 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):

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Assault/abuse by staff

Excessive force

False arrest