Case: Baerga v. City of New York

1:21-cv-05762 | U.S. District Court for the Southern District of New York

Filed Date: July 5, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about how the New York City Police Department (NYPD) must treat people who face mental health challenges. On July 5, 2021, an individual with mental disabilities filed a complaint in the U.S. District Court for the Southern District of New York against New York City and several New York City officials and police officers. Judge Alison Nathan presided at the time of filing. On December 29, 2021, the individual was joined by three additional individual plaintiffs and three non-prof…

This is a case about how the New York City Police Department (NYPD) must treat people who face mental health challenges. On July 5, 2021, an individual with mental disabilities filed a complaint in the U.S. District Court for the Southern District of New York against New York City and several New York City officials and police officers. Judge Alison Nathan presided at the time of filing. On December 29, 2021, the individual was joined by three additional individual plaintiffs and three non-profit organizations who advocate for more humane approaches to caring for people experiencing a mental health crisis.

The combined plaintiffs filed an amended class action complaint and asserted five claims under federal law: (1) disability discrimination under Title II of the Americans with Disabilities Act (ADA); (2) disability discrimination under § 504 of the Rehabilitation Act; (3) unlawful seizure and warrantless entry under 42 U.S.C. § 1983 and the Fourth Amendment of the U.S. Constitution; (4) excessive force under 42 U.S.C. § 1983 and the Fourth Amendment; and (5) a Monell claim. The plaintiffs also asserted alleged violations of the New York State Constitution and common law, and NYC human rights law. Factually, the plaintiffs alleged that the NYPD violated New Yorkers’ constitutional and civil rights by deploying police officers — rather than trained mental health professionals and community members with mental health treatment experience — to respond to mental health crises. By deploying police officers rather than trained care providers, the plaintiffs asserted that NYC policies have caused unlawful detentions, excessive force, serious injuries, forced hospitalizations, and since 2016, 19 police-related deaths of people with disabilities. The plaintiffs were represented by three private law firms and the New York Lawyers for the Public Interest, Inc. Judge Paul Crotty has presided since April 2022.

The plaintiffs sought the following remedies: (1) an order certifying the case as a class action matter for persons with mental health challenges; (2) a declaratory judgment stating that the NYPD’s policies violate the aforementioned laws and the Fourth and Fourteenth Amendments of the U.S. Constitution; (3) a permanent injunction enjoining NYC from applying its current policies towards persons with mental health challenges; (4) a monitored remedial plan that would improve NYPD’s handling of persons with mental health challenges; (5) compensatory and punitive damages; and (6) attorney’s fees.

On September 13, 2022, New York City filed a motion to dismiss. The City argued that the plaintiffs’ claims for false arrest should be dismissed because: (1) the police had probable cause and exigent circumstances to justify their actions; (2) the plaintiffs failed to state claims under federal disability law; (3) the individual defendants are entitled to qualified immunity; (4) the organizational plaintiffs lack direct or associational standing; and (5) the Monell claims fail to establish a de facto policy or practice or deliberate indifference. The motion is pending as of March 2023.

In November 2022, under Mayor Eric Adams, New York City issued a mental health response “directive” to its police officers. The directive created a process for mental health providers and NYPD officers to detain people with mental health issues and refer them for involuntary treatment. The plaintiffs sought to enjoin this directive and provided a proposed order for emergency relief to the court, though the defendants claimed that the new mental health care directive would allay the plaintiffs’ concerns.

On January 30, 2023, the court found that it could not decide the motion on the merits because it lacked standing over the individual and organizational plaintiffs. The court reasoned that the individual plaintiffs lacked standing because their injuries or fears of NYPD were not “traceable” to New York City’s mental health policies. It also found that the organizational plaintiffs lacked standing because New York City’s mental health policies had a negligible impact on the plaintiffs’ operations or ability to fulfill their missions.  After deciding that the plaintiffs lacked standing, the court  denied their motion for a preliminary injunction without prejudice. 

In response to the court’s decisions, the plaintiffs informed the court that they planned to amend their complaint to address standing. As of March 2023, the plaintiffs have yet to file an amended complaint.

 

Summary Authors

AJ Tsang (3/17/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/60036947/parties/baerga-v-city-of-new-york/


Judge(s)

Crotty, Paul Austin (New York)

Attorney for Plaintiff

Azizi, Deema (New York)

Dalen, Marinda Van (New York)

Droubi, Luna (New York)

Attorney for Defendant

Brocker, Peter William (New York)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document
1

1:21-cv-05762

Complaint

July 5, 2021

July 5, 2021

Complaint
4

1:21-cv-05762

Amended Order

Aug. 12, 2021

Aug. 12, 2021

Order/Opinion
21

1:21-cv-05762

First Amended Class Action Complaint

Dec. 29, 2021

Dec. 29, 2021

Complaint
142

1:21-cv-05762

Opinion and Order

Jan. 30, 2023

Jan. 30, 2023

Order/Opinion

2023 WL 2023

Docket

See docket on RECAP: https://www.courtlistener.com/docket/60036947/baerga-v-city-of-new-york/

Last updated March 9, 2024, 3:11 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Mayor Bill de Blasio, Mole, Sally Roes, Dermot Shea, THE CITY OF NEW YORK, Wnorowskisg, john doe. (Filing Fee $ 402.00, Receipt Number ANYSDC-24753738)Document filed by Justin E. Baerga..(Marashi, Poupa) (Entered: 07/05/2021)

July 5, 2021

July 5, 2021

Clearinghouse
1

COMPLAINT against Mayor Bill de Blasio, Mole, Sally Roes, Dermot Shea, THE CITY OF NEW YORK, Wnorowskisg, john doe. (Filing Fee $ 402.00, Receipt Number ANYSDC-24753738)Document filed by Justin E. Baerga..(Marashi, Poupa) (Entered: 07/05/2021)

July 5, 2021

July 5, 2021

Clearinghouse
2

CIVIL COVER SHEET filed..(Marashi, Poupa) (Entered: 07/05/2021)

July 5, 2021

July 5, 2021

PACER
2

CIVIL COVER SHEET filed..(Marashi, Poupa) (Entered: 07/05/2021)

July 5, 2021

July 5, 2021

PACER

Notice to Attorney Regarding Party Modification

July 6, 2021

July 6, 2021

PACER

Notice to Attorney Regarding Party Modification

July 6, 2021

July 6, 2021

PACER

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Poupa Jenny Marashi. The party information for the following party/parties has been modified: Mayor Bill de Blasio, Mole, Sally Roes, Dermot Shea, THE CITY OF NEW YORK, Wnorowskisg, john doe, Justin E. Baerga. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party role was entered incorrectly; party text was omitted;. (pc)

July 6, 2021

July 6, 2021

PACER

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Poupa Jenny Marashi. The party information for the following party/parties has been modified: Mayor Bill de Blasio, Mole, Sally Roes, Dermot Shea, THE CITY OF NEW YORK, Wnorowskisg, john doe, Justin E. Baerga. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party role was entered incorrectly; party text was omitted;. (pc)

July 6, 2021

July 6, 2021

PACER

Notice to Attorney Regarding Case Opening Statistical Error Correction

July 6, 2021

July 6, 2021

PACER

Notice to Attorney Regarding Case Opening Statistical Error Correction

July 6, 2021

July 6, 2021

PACER

***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Poupa Jenny Marashi. The following case opening statistical information was erroneously selected/entered: County code Albany;. The following correction(s) have been made to your case entry: the County code has been modified to Bronx;. (pc)

July 6, 2021

July 6, 2021

PACER

***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Poupa Jenny Marashi. The following case opening statistical information was erroneously selected/entered: County code Albany;. The following correction(s) have been made to your case entry: the County code has been modified to Bronx;. (pc)

July 6, 2021

July 6, 2021

PACER

Case Opening Initial Assignment Notice

July 6, 2021

July 6, 2021

PACER

Case Opening Initial Assignment Notice

July 6, 2021

July 6, 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..(pc)

July 6, 2021

July 6, 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..(pc)

July 6, 2021

July 6, 2021

PACER

Magistrate Judge Ona T. Wang 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. (pc)

July 6, 2021

July 6, 2021

PACER

Magistrate Judge Ona T. Wang 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. (pc)

July 6, 2021

July 6, 2021

PACER

Case Designation

July 6, 2021

July 6, 2021

PACER

Case Designation

July 6, 2021

July 6, 2021

PACER

Case Designated ECF. (pc)

July 6, 2021

July 6, 2021

PACER

Case Designated ECF. (pc)

July 6, 2021

July 6, 2021

PACER

Case Designated ECF

July 6, 2021

July 6, 2021

PACER

Case Designated ECF

July 6, 2021

July 6, 2021

PACER

Notice of Participation in Section 1983 Plan

July 7, 2021

July 7, 2021

PACER

Notice of Participation in Section 1983 Plan

July 7, 2021

July 7, 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)

July 7, 2021

July 7, 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)

July 7, 2021

July 7, 2021

PACER
3

Vacated as per Judge's Order dated 8/12/2021, Doc. # 4 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Pretrial Conference set for 10/15/2021 at 03:00 PM in Courtroom 906, Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, NY 10007 before Judge Alison J. Nathan. Parties ordered to submit via ECF proposed case management plan and joint letter seven days before conference. (As further set forth in this Order.) (Signed by Judge Alison J. Nathan on 8/9/2021) (vfr) Modified on 8/12/2021 (vfr). (Entered: 08/11/2021)

Aug. 11, 2021

Aug. 11, 2021

PACER
3

Vacated as per Judge's Order dated 8/12/2021, Doc. # 4 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Pretrial Conference set for 10/15/2021 at 03:00 PM in Courtroom 906, Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, NY 10007 before Judge Alison J. Nathan. Parties ordered to submit via ECF proposed case management plan and joint letter seven days before conference. (As further set forth in this Order.) (Signed by Judge Alison J. Nathan on 8/9/2021) (vfr) Modified on 8/12/2021 (vfr). (Entered: 08/11/2021)

Aug. 11, 2021

Aug. 11, 2021

PACER
4

AMENDED ORDER IN §1983 CASE: The Courts August 11, 2021 Order scheduling an Initial Pretrial Conference in this § 1983 case, Dkt. No. 3, was entered in error and is hereby vacated. This case shall be conducted in accordance with the Plan for Certain § 1983 Cases Against the City of New York (Local Civil Rule 83.10, available at: https://www.nysd.uscourts.gov/sites/default/files/local_rules/rules- 2018-10-29.pdf). The parties are directed to follow these procedures - even to the extent that they are inconsistent with this Court's Individual Rules. Any timely application to exempt this case from the procedures set forth in the § 1983 Plan or to refer this case to a magistrate judge for settlement purposes will be considered in due course. If the parties do not file a timely application to exempt the case from the § 1983 Plan pursuant to paragraph 4.a of the § 1983 Plan, the parties are directed to submit a joint letter to the Court no later than one hundred and twenty days after the first defendant files its answer. The joint letter shall provide the following information in separate paragraphs: (1) A brief statement of the nature of the action and the principal defenses thereto; (2) A brief explanation of why jurisdiction and venue lie with this Court; (3) A brief description as to the status of the case in mediation and each party's position on whether an initial pre-trial conference should be scheduled; (4) Any other information that the parties believe may assist the Court in resolving this action. Counsel who have noticed an appearance as of the date of this order are directed (i) to notify counsel for all other parties in this action by serving upon each of them a copy of this notice, the § 1983 Plan, and the Courts Individual Rules (available at: http://nysd.uscourts.gov/judge/Nathan) forthwith, and (ii) to file proof of such notice with the Court. If unaware of the identity of counsel for any of the parties, counsel receiving this notice must forthwith send a copy of the notice, § 1983 Plan, and Individual Rules to that party personally. (Signed by Judge Alison J. Nathan on 8/12/2021) (vfr) (Entered: 08/12/2021)

Aug. 12, 2021

Aug. 12, 2021

Clearinghouse
4

AMENDED ORDER IN §1983 CASE: The Courts August 11, 2021 Order scheduling an Initial Pretrial Conference in this § 1983 case, Dkt. No. 3, was entered in error and is hereby vacated. This case shall be conducted in accordance with the Plan for Certain § 1983 Cases Against the City of New York (Local Civil Rule 83.10, available at: https://www.nysd.uscourts.gov/sites/default/files/local_rules/rules- 2018-10-29.pdf). The parties are directed to follow these procedures - even to the extent that they are inconsistent with this Court's Individual Rules. Any timely application to exempt this case from the procedures set forth in the § 1983 Plan or to refer this case to a magistrate judge for settlement purposes will be considered in due course. If the parties do not file a timely application to exempt the case from the § 1983 Plan pursuant to paragraph 4.a of the § 1983 Plan, the parties are directed to submit a joint letter to the Court no later than one hundred and twenty days after the first defendant files its answer. The joint letter shall provide the following information in separate paragraphs: (1) A brief statement of the nature of the action and the principal defenses thereto; (2) A brief explanation of why jurisdiction and venue lie with this Court; (3) A brief description as to the status of the case in mediation and each party's position on whether an initial pre-trial conference should be scheduled; (4) Any other information that the parties believe may assist the Court in resolving this action. Counsel who have noticed an appearance as of the date of this order are directed (i) to notify counsel for all other parties in this action by serving upon each of them a copy of this notice, the § 1983 Plan, and the Courts Individual Rules (available at: http://nysd.uscourts.gov/judge/Nathan) forthwith, and (ii) to file proof of such notice with the Court. If unaware of the identity of counsel for any of the parties, counsel receiving this notice must forthwith send a copy of the notice, § 1983 Plan, and Individual Rules to that party personally. (Signed by Judge Alison J. Nathan on 8/12/2021) (vfr) (Entered: 08/12/2021)

Aug. 12, 2021

Aug. 12, 2021

Clearinghouse
5

FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS REQUEST FOR ISSUANCE OF SUMMONS as to THE CITY OF NEW YORK, a municipal entity; MAYOR BILL DE BLASIO, NEW YORK CITY POLICE COMMISSIONER DERMOT SHEA, SUPERVISORY OFFICERS SALLY ROES; POLICE OFFICER WNOROWSKISG; POLICE OFFICER MOLE; NEW YORK CITY POLICE OFFICERS "JOHN DOES", re: 1 Complaint. Document filed by Justin E. Baerga..(Marashi, Poupa) Modified on 9/28/2021 (sj). (Entered: 09/27/2021)

Sept. 27, 2021

Sept. 27, 2021

PACER
5

FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS REQUEST FOR ISSUANCE OF SUMMONS as to THE CITY OF NEW YORK, a municipal entity; MAYOR BILL DE BLASIO, NEW YORK CITY POLICE COMMISSIONER DERMOT SHEA, SUPERVISORY OFFICERS SALLY ROES; POLICE OFFICER WNOROWSKISG; POLICE OFFICER MOLE; NEW YORK CITY POLICE OFFICERS "JOHN DOES", re: 1 Complaint. Document filed by Justin E. Baerga..(Marashi, Poupa) Modified on 9/28/2021 (sj). (Entered: 09/27/2021)

Sept. 27, 2021

Sept. 27, 2021

PACER

Notice to Attorney Regarding Deficient Request for Issuance of Summons

Sept. 28, 2021

Sept. 28, 2021

PACER

Notice to Attorney Regarding Deficient Request for Issuance of Summons

Sept. 28, 2021

Sept. 28, 2021

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Poupa Jenny Marashi to RE-FILE Document No. 5 Request for Issuance of Summons. The filing is deficient for the following reason(s): The Request for Issuance of Summons cannot be issued for the party requested because it does not identify the party subject to service. Pursuant to FRCP Rule 4(a)(1)(A) and FRCP Rule 4(a)(1)(B): a summons must name the parties and be directed to the defendant. Once the party has been identified, the filing party may request a summons at that time. 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. (sj)

Sept. 28, 2021

Sept. 28, 2021

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Poupa Jenny Marashi to RE-FILE Document No. 5 Request for Issuance of Summons. The filing is deficient for the following reason(s): The Request for Issuance of Summons cannot be issued for the party requested because it does not identify the party subject to service. Pursuant to FRCP Rule 4(a)(1)(A) and FRCP Rule 4(a)(1)(B): a summons must name the parties and be directed to the defendant. Once the party has been identified, the filing party may request a summons at that time. 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. (sj)

Sept. 28, 2021

Sept. 28, 2021

PACER
6

REQUEST FOR ISSUANCE OF SUMMONS as to THE CITY OF NEW YORK, a municipal entity; MAYOR BILL DE BLASIO, NEW YORK CITY POLICE COMMISSIONER DERMOT SHEA; POLICE OFFICER WNOROWSKISG; POLICE OFFICER MOLE;, re: 1 Complaint. Document filed by Justin E. Baerga..(Marashi, Poupa) (Entered: 09/28/2021)

Sept. 28, 2021

Sept. 28, 2021

PACER
6

REQUEST FOR ISSUANCE OF SUMMONS as to THE CITY OF NEW YORK, a municipal entity; MAYOR BILL DE BLASIO, NEW YORK CITY POLICE COMMISSIONER DERMOT SHEA; POLICE OFFICER WNOROWSKISG; POLICE OFFICER MOLE;, re: 1 Complaint. Document filed by Justin E. Baerga..(Marashi, Poupa) (Entered: 09/28/2021)

Sept. 28, 2021

Sept. 28, 2021

PACER
7

ELECTRONIC SUMMONS ISSUED as to Bill de Blasio, City Of New York, Mole, Dermot Shea, Wnorowskisg. (sj) (Entered: 09/29/2021)

Sept. 29, 2021

Sept. 29, 2021

PACER
7

ELECTRONIC SUMMONS ISSUED as to Bill de Blasio, City Of New York, Mole, Dermot Shea, Wnorowskisg. (sj) (Entered: 09/29/2021)

Sept. 29, 2021

Sept. 29, 2021

PACER
8

***STRICKEN DOCUMENT. Document number 8 has been stricken from the case record. The document was stricken from this case pursuant to 15 Order . FILING ERROR - DEFICIENT PLEADING - PDF ERROR FIRST AMENDED COMPLAINT amending 1 Complaint against Bill de Blasio, City Of New York, John Does, Sally Roes, Dermot Shea, Wnorowski, Mole with JURY DEMAND.Document filed by Justin E. Baerga. Related document: 1 Complaint.(Marashi, Poupa) Modified on 10/4/2021 (sj). Modified on 12/27/2021 (vfr). (Entered: 10/01/2021)

Oct. 1, 2021

Oct. 1, 2021

PACER
8

***STRICKEN DOCUMENT. Document number 8 has been stricken from the case record. The document was stricken from this case pursuant to 15 Order . FILING ERROR - DEFICIENT PLEADING - PDF ERROR FIRST AMENDED COMPLAINT amending 1 Complaint against Bill de Blasio, City Of New York, John Does, Sally Roes, Dermot Shea, Wnorowski, Mole with JURY DEMAND.Document filed by Justin E. Baerga. Related document: 1 Complaint.(Marashi, Poupa) Modified on 10/4/2021 (sj). Modified on 12/27/2021 (vfr). (Entered: 10/01/2021)

Oct. 1, 2021

Oct. 1, 2021

PACER
9

***STRICKEN DOCUMENT. Document number 9 has been stricken from the case record. The document was stricken from this case pursuant to 15 Order . REQUEST FOR ISSUANCE OF SUMMONS as to POLICE OFFICER WNOROWSKI; SERGEANT MOLE, re: 8 Amended Complaint. Document filed by Justin E. Baerga..(Marashi, Poupa) Modified on 12/27/2021 (vfr). (Entered: 10/01/2021)

Oct. 1, 2021

Oct. 1, 2021

PACER
9

***STRICKEN DOCUMENT. Document number 9 has been stricken from the case record. The document was stricken from this case pursuant to 15 Order . REQUEST FOR ISSUANCE OF SUMMONS as to POLICE OFFICER WNOROWSKI; SERGEANT MOLE, re: 8 Amended Complaint. Document filed by Justin E. Baerga..(Marashi, Poupa) Modified on 12/27/2021 (vfr). (Entered: 10/01/2021)

Oct. 1, 2021

Oct. 1, 2021

PACER
10

***STRICKEN DOCUMENT. Document number 10 has been stricken from the case record. The document was stricken from this case pursuant to 15 Order . REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to THE CITY OF NEW YORK, a municipal entity; MAYOR BILL DE BLASIO, NEW YORK CITY POLICE COMMISSIONER DERMOT SHEA,, re: 8 Amended Complaint. Document filed by Justin E. Baerga..(Marashi, Poupa) Modified on 12/27/2021 (vfr). (Entered: 10/01/2021)

Oct. 1, 2021

Oct. 1, 2021

PACER
10

***STRICKEN DOCUMENT. Document number 10 has been stricken from the case record. The document was stricken from this case pursuant to 15 Order . REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to THE CITY OF NEW YORK, a municipal entity; MAYOR BILL DE BLASIO, NEW YORK CITY POLICE COMMISSIONER DERMOT SHEA,, re: 8 Amended Complaint. Document filed by Justin E. Baerga..(Marashi, Poupa) Modified on 12/27/2021 (vfr). (Entered: 10/01/2021)

Oct. 1, 2021

Oct. 1, 2021

PACER

Notice to Attorney Regarding Deficient Pleading

Oct. 4, 2021

Oct. 4, 2021

PACER

Notice to Attorney Regarding Deficient Pleading

Oct. 4, 2021

Oct. 4, 2021

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Poupa Jenny Marashi to RE-FILE Document No. 8 Amended Complaint. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; PDF title does not reflect 'Amended Complaint'. 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. (sj)

Oct. 4, 2021

Oct. 4, 2021

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Poupa Jenny Marashi to RE-FILE Document No. 8 Amended Complaint. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; PDF title does not reflect 'Amended Complaint'. 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. (sj)

Oct. 4, 2021

Oct. 4, 2021

PACER

Notice to Attorney Regarding Deficient Request for Issuance of Summons

Oct. 4, 2021

Oct. 4, 2021

PACER

Notice to Attorney Regarding Deficient Request for Issuance of Summons

Oct. 4, 2021

Oct. 4, 2021

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Poupa Jenny Marashi to RE-FILE Document No. 10 Request for Issuance of Amended Summons, 9 Request for Issuance of Summons. The filing is deficient for the following reason(s): The summons requested was not processed due to the deficient pleading. Please file your request for summons when you correct and refile your pleading. 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. (sj)

Oct. 4, 2021

Oct. 4, 2021

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Poupa Jenny Marashi to RE-FILE Document No. 10 Request for Issuance of Amended Summons, 9 Request for Issuance of Summons. The filing is deficient for the following reason(s): The summons requested was not processed due to the deficient pleading. Please file your request for summons when you correct and refile your pleading. 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. (sj)

Oct. 4, 2021

Oct. 4, 2021

PACER
11

***STRICKEN DOCUMENT. Document number 11 has been stricken from the case record. The document was stricken from this case pursuant to 15 Order . FIRST AMENDED COMPLAINT amending 1 Complaint, 8 Amended Complaint, against Bill de Blasio, City Of New York, John Does, Mole, Sally Roes, Dermot Shea, Wnorowski with JURY DEMAND.Document filed by Justin E. Baerga. Related document: 1 Complaint, 8 Amended Complaint,..(Marashi, Poupa) Modified on 12/27/2021 (vfr). (Entered: 10/04/2021)

Oct. 4, 2021

Oct. 4, 2021

PACER
11

***STRICKEN DOCUMENT. Document number 11 has been stricken from the case record. The document was stricken from this case pursuant to 15 Order . FIRST AMENDED COMPLAINT amending 1 Complaint, 8 Amended Complaint, against Bill de Blasio, City Of New York, John Does, Mole, Sally Roes, Dermot Shea, Wnorowski with JURY DEMAND.Document filed by Justin E. Baerga. Related document: 1 Complaint, 8 Amended Complaint,..(Marashi, Poupa) Modified on 12/27/2021 (vfr). (Entered: 10/04/2021)

Oct. 4, 2021

Oct. 4, 2021

PACER
12

***STRICKEN DOCUMENT. Document number 12 has been stricken from the case record. The document was stricken from this case pursuant to 15 Order . REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to THE CITY OF NEW YORK, a municipal entity; MAYOR BILL DE BLASIO, NEW YORK CITY POLICE COMMISSIONER DERMOT SHEA,, re: 11 Amended Complaint,. Document filed by Justin E. Baerga..(Marashi, Poupa) Modified on 12/27/2021 (vfr). (Entered: 10/04/2021)

Oct. 4, 2021

Oct. 4, 2021

PACER
12

***STRICKEN DOCUMENT. Document number 12 has been stricken from the case record. The document was stricken from this case pursuant to 15 Order . REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to THE CITY OF NEW YORK, a municipal entity; MAYOR BILL DE BLASIO, NEW YORK CITY POLICE COMMISSIONER DERMOT SHEA,, re: 11 Amended Complaint,. Document filed by Justin E. Baerga..(Marashi, Poupa) Modified on 12/27/2021 (vfr). (Entered: 10/04/2021)

Oct. 4, 2021

Oct. 4, 2021

PACER
13

***STRICKEN DOCUMENT. Document number 13 has been stricken from the case record. The document was stricken from this case pursuant to 15 Order . ELECTRONIC AMENDED SUMMONS ISSUED as to Bill de Blasio, City Of New York, Dermot Shea. (sj) Modified on 12/27/2021 (vfr). (Entered: 10/05/2021)

Oct. 5, 2021

Oct. 5, 2021

PACER
13

***STRICKEN DOCUMENT. Document number 13 has been stricken from the case record. The document was stricken from this case pursuant to 15 Order . ELECTRONIC AMENDED SUMMONS ISSUED as to Bill de Blasio, City Of New York, Dermot Shea. (sj) Modified on 12/27/2021 (vfr). (Entered: 10/05/2021)

Oct. 5, 2021

Oct. 5, 2021

PACER
14

FIRST MOTION to Strike Document No. [8, 9, 10, 11, 12, 13] . Document filed by Justin E. Baerga..(Marashi, Poupa) (Entered: 12/20/2021)

Dec. 20, 2021

Dec. 20, 2021

PACER
14

FIRST MOTION to Strike Document No. [8, 9, 10, 11, 12, 13] . Document filed by Justin E. Baerga..(Marashi, Poupa) (Entered: 12/20/2021)

Dec. 20, 2021

Dec. 20, 2021

PACER
15

MEMO ENDORSEMENT granting 14 Motion to Strike docket entry and document 14 FIRST MOTION to Strike Document No. [8, 9, 10, 11, 12, 13] filed by Justin E. Baerga from the record. ENDORSEMENT: The Clerk of Court is respectfully directed to strike Docket Numbers 8, 9, 10, 11, 12 and 13. SO ORDERED. (Signed by Judge Alison J. Nathan on 12/27/2021) (vfr) (Entered: 12/27/2021)

Dec. 27, 2021

Dec. 27, 2021

RECAP
15

MEMO ENDORSEMENT granting 14 Motion to Strike docket entry and document 14 FIRST MOTION to Strike Document No. [8, 9, 10, 11, 12, 13] filed by Justin E. Baerga from the record. ENDORSEMENT: The Clerk of Court is respectfully directed to strike Docket Numbers 8, 9, 10, 11, 12 and 13. SO ORDERED. (Signed by Judge Alison J. Nathan on 12/27/2021) (vfr) (Entered: 12/27/2021)

Dec. 27, 2021

Dec. 27, 2021

RECAP
16

NOTICE OF APPEARANCE by Luna Droubi on behalf of Justin E. Baerga..(Droubi, Luna) (Entered: 12/28/2021)

Dec. 28, 2021

Dec. 28, 2021

PACER
16

NOTICE OF APPEARANCE by Luna Droubi on behalf of Justin E. Baerga..(Droubi, Luna) (Entered: 12/28/2021)

Dec. 28, 2021

Dec. 28, 2021

PACER
17

NOTICE OF APPEARANCE by Rebecca Leigh Pattiz on behalf of Justin E. Baerga..(Pattiz, Rebecca) (Entered: 12/28/2021)

Dec. 28, 2021

Dec. 28, 2021

PACER
17

NOTICE OF APPEARANCE by Rebecca Leigh Pattiz on behalf of Justin E. Baerga..(Pattiz, Rebecca) (Entered: 12/28/2021)

Dec. 28, 2021

Dec. 28, 2021

PACER
18

NOTICE OF APPEARANCE by Richard Franklin Schwed on behalf of Justin E. Baerga, Steven Greene, Giovanna Sanchez-Esquivel, Sarah Arvio, Community Access, Inc., National Alliance on Mental Illness of New York City, Inc., Correct Crisis Invervention Today NYC..(Schwed, Richard) (Entered: 12/29/2021)

Dec. 29, 2021

Dec. 29, 2021

PACER
18

NOTICE OF APPEARANCE by Richard Franklin Schwed on behalf of Justin E. Baerga, Steven Greene, Giovanna Sanchez-Esquivel, Sarah Arvio, Community Access, Inc., National Alliance on Mental Illness of New York City, Inc., Correct Crisis Invervention Today NYC..(Schwed, Richard) (Entered: 12/29/2021)

Dec. 29, 2021

Dec. 29, 2021

PACER

Notice to Attorney Regarding Deficient Pleading

Dec. 29, 2021

Dec. 29, 2021

PACER

Notice to Attorney Regarding Deficient Pleading

Dec. 29, 2021

Dec. 29, 2021

PACER
19

NOTICE OF APPEARANCE by Dennis Danai Kitt on behalf of Sarah Arvio, Justin E. Baerga, Community Access, Inc., Correct Crisis Invervention Today NYC, Steven Greene, National Alliance on Mental Illness of New York City, Inc., Giovanna Sanchez-Esquivel..(Kitt, Dennis) (Entered: 12/29/2021)

Dec. 29, 2021

Dec. 29, 2021

PACER
19

NOTICE OF APPEARANCE by Dennis Danai Kitt on behalf of Sarah Arvio, Justin E. Baerga, Community Access, Inc., Correct Crisis Invervention Today NYC, Steven Greene, National Alliance on Mental Illness of New York City, Inc., Giovanna Sanchez-Esquivel..(Kitt, Dennis) (Entered: 12/29/2021)

Dec. 29, 2021

Dec. 29, 2021

PACER
20

NOTICE OF APPEARANCE by Jonathan C Moore on behalf of Sarah Arvio, Justin E. Baerga, Community Access, Inc., Correct Crisis Invervention Today NYC, Steven Greene, National Alliance on Mental Illness of New York City, Inc., Giovanna Sanchez-Esquivel..(Moore, Jonathan) (Entered: 12/29/2021)

Dec. 29, 2021

Dec. 29, 2021

PACER
20

NOTICE OF APPEARANCE by Jonathan C Moore on behalf of Sarah Arvio, Justin E. Baerga, Community Access, Inc., Correct Crisis Invervention Today NYC, Steven Greene, National Alliance on Mental Illness of New York City, Inc., Giovanna Sanchez-Esquivel..(Moore, Jonathan) (Entered: 12/29/2021)

Dec. 29, 2021

Dec. 29, 2021

PACER
21

FIRST AMENDED COMPLAINT amending 1 Complaint against City Of New York, Bill de Blasio, Dermot F Shea, Krzysztof Wnorowski, Sheron, McDowell, Nathan Mole, Martin Haber, Gbain, Vikram Prasad, Andre Dawkins, Tyrone Fisher, Deviendra Ramayya, Julian Torres, Sanchez, John and Jane Does with JURY DEMAND.Document filed by Justin E. Baerga, Steven Greene, Community Access, Inc., National Alliance on Mental Illness of New York City, Inc., Giovanna Sanchez-Esquivel, Sarah Arvio, Correct Crisis Intervention Today - NYC. Related document: 1 Complaint. (Attachments: # 1 Exhibit 1 - NYPD Patrol Guide re EDP).(Droubi, Luna) (Entered: 12/29/2021)

1 Exhibit 1 - NYPD Patrol Guide re EDP

View on PACER

Dec. 29, 2021

Dec. 29, 2021

Clearinghouse
21

FIRST AMENDED COMPLAINT amending 1 Complaint against City Of New York, Bill de Blasio, Dermot F Shea, Krzysztof Wnorowski, Sheron, McDowell, Nathan Mole, Martin Haber, Gbain, Vikram Prasad, Andre Dawkins, Tyrone Fisher, Deviendra Ramayya, Julian Torres, Sanchez, John and Jane Does with JURY DEMAND.Document filed by Justin E. Baerga, Steven Greene, Community Access, Inc., National Alliance on Mental Illness of New York City, Inc., Giovanna Sanchez-Esquivel, Sarah Arvio, Correct Crisis Intervention Today - NYC. Related document: 1 Complaint. (Attachments: # 1 Exhibit 1 - NYPD Patrol Guide re EDP).(Droubi, Luna) (Entered: 12/29/2021)

1 Exhibit 1 - NYPD Patrol Guide re EDP

View on PACER

Dec. 29, 2021

Dec. 29, 2021

Clearinghouse
22

FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU REQUEST FOR ISSUANCE OF SUMMONS as to CITY OF NEW YORK, re: 21 Amended Complaint. Document filed by Sarah Arvio(individually and on behalf of all others similarly situated,), Sarah Arvio, Justin E. Baerga, Community Access, Inc., Correct Crisis Intervention Today - NYC, Correct Crisis Invervention Today NYC, Steven Greene, National Alliance on Mental Illness of New York City, Inc., Giovanna Sanchez-Esquivel..(Droubi, Luna) Modified on 1/4/2022 (sj). (Entered: 12/29/2021)

Dec. 29, 2021

Dec. 29, 2021

PACER
22

FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU REQUEST FOR ISSUANCE OF SUMMONS as to CITY OF NEW YORK, re: 21 Amended Complaint. Document filed by Sarah Arvio(individually and on behalf of all others similarly situated,), Sarah Arvio, Justin E. Baerga, Community Access, Inc., Correct Crisis Intervention Today - NYC, Correct Crisis Invervention Today NYC, Steven Greene, National Alliance on Mental Illness of New York City, Inc., Giovanna Sanchez-Esquivel..(Droubi, Luna) Modified on 1/4/2022 (sj). (Entered: 12/29/2021)

Dec. 29, 2021

Dec. 29, 2021

PACER
23

REQUEST FOR ISSUANCE OF SUMMONS as to BILL DE BLASIO, re: 21 Amended Complaint,,. Document filed by Sarah Arvio(individually and on behalf of all others similarly situated,), Sarah Arvio, Justin E. Baerga, Community Access, Inc., Correct Crisis Intervention Today - NYC, Correct Crisis Invervention Today NYC, Steven Greene, National Alliance on Mental Illness of New York City, Inc., Giovanna Sanchez-Esquivel..(Droubi, Luna) (Entered: 12/29/2021)

Dec. 29, 2021

Dec. 29, 2021

PACER
23

REQUEST FOR ISSUANCE OF SUMMONS as to BILL DE BLASIO, re: 21 Amended Complaint,,. Document filed by Sarah Arvio(individually and on behalf of all others similarly situated,), Sarah Arvio, Justin E. Baerga, Community Access, Inc., Correct Crisis Intervention Today - NYC, Correct Crisis Invervention Today NYC, Steven Greene, National Alliance on Mental Illness of New York City, Inc., Giovanna Sanchez-Esquivel..(Droubi, Luna) (Entered: 12/29/2021)

Dec. 29, 2021

Dec. 29, 2021

PACER
24

REQUEST FOR ISSUANCE OF SUMMONS as to DERMOT F. SHEA, re: 21 Amended Complaint,,. Document filed by Sarah Arvio(individually and on behalf of all others similarly situated,), Sarah Arvio, Community Access, Inc., Correct Crisis Intervention Today - NYC, Correct Crisis Invervention Today NYC, Steven Greene, National Alliance on Mental Illness of New York City, Inc., Giovanna Sanchez-Esquivel..(Droubi, Luna) (Entered: 12/29/2021)

Dec. 29, 2021

Dec. 29, 2021

PACER
24

REQUEST FOR ISSUANCE OF SUMMONS as to DERMOT F. SHEA, re: 21 Amended Complaint,,. Document filed by Sarah Arvio(individually and on behalf of all others similarly situated,), Sarah Arvio, Community Access, Inc., Correct Crisis Intervention Today - NYC, Correct Crisis Invervention Today NYC, Steven Greene, National Alliance on Mental Illness of New York City, Inc., Giovanna Sanchez-Esquivel..(Droubi, Luna) (Entered: 12/29/2021)

Dec. 29, 2021

Dec. 29, 2021

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Luna Droubi re: Document No. 21 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 Justin Baerga with party text " individually and on behalf of all others similarly situated". Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. (vf)

Dec. 29, 2021

Dec. 29, 2021

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Luna Droubi re: Document No. 21 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 Justin Baerga with party text " individually and on behalf of all others similarly situated". Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. (vf)

Dec. 29, 2021

Dec. 29, 2021

PACER
25

NOTICE OF APPEARANCE by Samuel Polsky Vitello on behalf of Sarah Arvio, Justin E. Baerga, Community Access, Inc., Correct Crisis Intervention Today - NYC, Steven Greene, National Alliance on Mental Illness of New York City, Inc., Giovanna Sanchez-Esquivel..(Vitello, Samuel) (Entered: 12/30/2021)

Dec. 30, 2021

Dec. 30, 2021

PACER
25

NOTICE OF APPEARANCE by Samuel Polsky Vitello on behalf of Sarah Arvio, Justin E. Baerga, Community Access, Inc., Correct Crisis Intervention Today - NYC, Steven Greene, National Alliance on Mental Illness of New York City, Inc., Giovanna Sanchez-Esquivel..(Vitello, Samuel) (Entered: 12/30/2021)

Dec. 30, 2021

Dec. 30, 2021

PACER
26

ELECTRONIC SUMMONS ISSUED as to Bill de Blasio. (sj) (Entered: 01/04/2022)

Jan. 4, 2022

Jan. 4, 2022

PACER
26

ELECTRONIC SUMMONS ISSUED as to Bill de Blasio. (sj) (Entered: 01/04/2022)

Jan. 4, 2022

Jan. 4, 2022

PACER

Notice to Attorney Regarding Deficient Request for Issuance of Summons

Jan. 4, 2022

Jan. 4, 2022

PACER

Notice to Attorney Regarding Deficient Request for Issuance of Summons

Jan. 4, 2022

Jan. 4, 2022

PACER
27

ELECTRONIC SUMMONS ISSUED as to Dermot F Shea..(sj) (Entered: 01/04/2022)

Jan. 4, 2022

Jan. 4, 2022

PACER
27

ELECTRONIC SUMMONS ISSUED as to Dermot F Shea..(sj) (Entered: 01/04/2022)

Jan. 4, 2022

Jan. 4, 2022

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Luna Droubi to RE-FILE Document No. 22 Request for Issuance of 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 Amended Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj)

Jan. 4, 2022

Jan. 4, 2022

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Luna Droubi to RE-FILE Document No. 22 Request for Issuance of 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 Amended Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj)

Jan. 4, 2022

Jan. 4, 2022

PACER

Notice to Attorney Regarding Removal of Party

Jan. 5, 2022

Jan. 5, 2022

PACER

Notice to Attorney Regarding Removal of Party

Jan. 5, 2022

Jan. 5, 2022

PACER

Case Details

State / Territory: New York

Case Type(s):

Policing

Disability Rights

Key Dates

Filing Date: July 5, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The plaintiffs are four individual plaintiffs and three non-profit organizations who advocate for more human approaches to caring for people experiencing a mental health crisis.

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

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

Mayor of New York (New York City, New York), Private Entity/Person

Police Commissioner of New York (New York City, New York), Private Entity/Person

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

State law

Declaratory Judgment Act, 28 U.S.C. § 2201

State Anti-Discrimination Law

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Unreasonable search and seizure

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Content of Injunction:

Preliminary relief denied

Issues

General:

Informed consent/involuntary medication

Over/Unlawful Detention

Policing:

Improper treatment of mentally ill suspects

Jails, Prisons, Detention Centers, and Other Institutions:

Placement in mental health facilities

Disability and Disability Rights:

Mental impairment

Mental Illness, Unspecified

Discrimination-basis:

Disability (inc. reasonable accommodations)

Medical/Mental Health:

Mental health care, unspecified