Case: Gray v. City of New York

1:21-cv-06610 | U.S. District Court for the Southern District of New York

Filed Date: Aug. 5, 2021

Case Ongoing

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Case Summary

This suit was filed by five professional photojournalists against the City of New York and the New York City Police Department on August 5, 2021 in the U.S. District Court for the Southern District of New York. The plaintiffs were represented by the National Press Photographers Association and private counsel. The plaintiffs alleged violations of their First Amendment right to film police officers in their official capacities in public and their Fourth Amendment right to be free from arrest and seizure of their property without probable cause. They also brought claims under the New York State Constitution on the same facts. The plaintiffs sought declaratory relief, compensatory and punitive damages, and injunctive relief.

The complaint alleged that during the racial justice protests in the summer of 2020, the plaintiffs had been targeted, assaulted, and/or arrested by NYPD officers who were aware the plaintiffs were engaged in newsgathering. All five photojournalists were wearing clearly visible press credentials, verbally informed the police of their status as members of the press, and showed officers their passes. None were interfering with police in any way or had crossed the police line. Despite this, all five plaintiffs were subjected to physical violence, such as being forcibly pushed to the ground and struck with batons. According to the complaint, this officer-inflicted violence resulted in physical injuries such as abrasions, bruises, hematomas, severe back pain, and a ruptured cyst. Two plaintiffs were also arrested and detained by the NYPD without cause and held in crowded cells for hours and their cameras and other belongings were seized without explanation.

The complaint also alleged more generally that the City and the NYPD had a longstanding policy and practice of restricting and retaliating against the press as they attempted to gather footage of police activity. The plaintiffs asserted that this pattern persisted, even after a 1977 consent decree and decades of media coverage and civil rights lawsuits. The complaint further alleged that the City, Mayor Bill de Blasio, Police Commissioner Shea, and other supervisory members of the NYPD had knowledge of, and knowingly failed to correct, the unconstitutional policy of preventing the filming of police activity in public. Further, the defendants failed to properly train NYPD officers on the press’s right to record police activity. The defendants also allegedly failed to properly supervise and discipline officers who did not respect the press’s First Amendment rights. Investigations into the incidents involving two of the plaintiffs did not result in discipline for any officers. The complaint further alleged that the NYPD had a practice of misconstruing and disregarding evidence in order to clear NYPD officers of wrongdoing and entrench its unconstitutional practices.

The case was referred to Judge Colleen McMahon as possibly related to other cases on her docket, and referred to Magistrate Judge Gabriel Gorenstein. On October 6, 2021, this case was consolidated for discovery purposes with a number of other police conduct-related cases arising from the 2020 racial justice protests in New York, captioned as In re: New York City Policing During Summer 2020 Demonstrations. For discovery-related filings in all cases, as well as the district court’s decisions on consolidated motions, visit that entry in the Clearinghouse. In March 2022, the Police Benevolent Association (PBA) successfully appealed the district court’s earlier denial of their motion to intervene in the consolidated cases. The U.S. Court of Appeals for the Second Circuit held that the PBA’s interest in officer safety was a cognizable interest that warranted intervention in the actions seeking declaratory and injunctive relief, such as Gray, but not in the actions seeking monetary damages only. On November 22, 2022, the plaintiffs filed an amended complaint which named police officers who had previously been identified only as Officers John or Jane Doe.

On March 3, 2023, the court granted approval of a class settlement in two of the consolidated cases, Wood and Sierra. For details of that settlement, see those case entries in the Clearinghouse.

As of March 4, 2023, the rest of the cases in the consolidated action, including this one, were proceeding through the discovery process.

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Summary Authors

Kady Matsuzaki (3/4/2023)

Sierra v. City of New York, Southern District of New York (2020)

Wood v. de Blasio, Southern District of New York (2020)

People of New York v. New York, Southern District of New York (2021)

Sow v. City of New York, Southern District of New York (2021)

Yates v. New York City, Southern District of New York (2021)

Rolon v. City of New York, Southern District of New York (2021)

Hernandez v. City of New York, Southern District of New York (2021)

Documents in the Clearinghouse

	Document
1 1:21-cv-06610	Complaint	Aug. 5, 2021	Aug. 5, 2021 Complaint
92 1:21-cv-06610	Second Amended Complaint	Nov. 22, 2022	Nov. 22, 2022 Complaint

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/60111148/gray-v-city-of-new-york/

Last updated March 10, 2024, 4:01 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against Sergeant William E. Balunas, City of New York, Officer Brianna Carlo, Jane Doe 1, John Does 1-7, Lieutenant Richard Mack, Officer Sean P. Robinson. (Filing Fee $ 402.00, Receipt Number ANYSDC-24890570)Document filed by Diana Zeyneb Alhindawi, Jason Donnelly, Jemell D. Cole, Adam Gray, Amr Alfiky.(Balin, Robert) (Entered: 08/05/2021)	Aug. 5, 2021	Aug. 5, 2021 Clearinghouse
2	CIVIL COVER SHEET filed..(Balin, Robert) (Entered: 08/05/2021)	Aug. 5, 2021	Aug. 5, 2021 PACER
3	STATEMENT OF RELATEDNESS re: that this action be filed as related to 21-cv-00322 (CM). Document filed by Amr Alfiky, Diana Zeyneb Alhindawi, Jemell D. Cole, Jason Donnelly, Adam Gray..(Balin, Robert) (Entered: 08/05/2021)	Aug. 5, 2021	Aug. 5, 2021 PACER
4	REQUEST FOR ISSUANCE OF SUMMONS as to City of New York, re: 1 Complaint,. Document filed by Amr Alfiky, Diana Zeyneb Alhindawi, Jemell D. Cole, Jason Donnelly, Adam Gray..(Balin, Robert) (Entered: 08/05/2021)	Aug. 5, 2021	Aug. 5, 2021 PACER
5	REQUEST FOR ISSUANCE OF SUMMONS as to Sergeant William E. Balunas, re: 1 Complaint,. Document filed by Amr Alfiky, Diana Zeyneb Alhindawi, Jemell D. Cole, Jason Donnelly, Adam Gray..(Balin, Robert) (Entered: 08/05/2021)	Aug. 5, 2021	Aug. 5, 2021 PACER
6	REQUEST FOR ISSUANCE OF SUMMONS as to Officer Sean P. Robinson, re: 1 Complaint,. Document filed by Amr Alfiky, Diana Zeyneb Alhindawi, Jemell D. Cole, Jason Donnelly, Adam Gray..(Balin, Robert) (Entered: 08/05/2021)	Aug. 5, 2021	Aug. 5, 2021 PACER
7	REQUEST FOR ISSUANCE OF SUMMONS as to Lieutenant Richard Mack, re: 1 Complaint,. Document filed by Amr Alfiky, Diana Zeyneb Alhindawi, Jemell D. Cole, Jason Donnelly, Adam Gray..(Balin, Robert) (Entered: 08/05/2021)	Aug. 5, 2021	Aug. 5, 2021 PACER
8	REQUEST FOR ISSUANCE OF SUMMONS as to Officer Brianna Carlo, re: 1 Complaint,. Document filed by Amr Alfiky, Diana Zeyneb Alhindawi, Jemell D. Cole, Jason Donnelly, Adam Gray..(Balin, Robert) (Entered: 08/05/2021)	Aug. 5, 2021	Aug. 5, 2021 PACER
	***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Robert D. Balin. The following case opening statistical information was erroneously selected/entered: County code Albany; Fee Status code due (due). The following correction(s) have been made to your case entry: the County code has been modified to Queens; the Fee Status code has been modified to pd (paid). (vf)	Aug. 6, 2021	Aug. 6, 2021 PACER
	CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (vf)	Aug. 6, 2021	Aug. 6, 2021 PACER
	Case Designated ECF. (vf)	Aug. 6, 2021	Aug. 6, 2021 PACER
	CASE REFERRED TO Judge Colleen McMahon as possibly related to 1:21-cv-00322. (vf)	Aug. 6, 2021	Aug. 6, 2021 PACER
9	ELECTRONIC SUMMONS ISSUED as to City of New York. (vf) (Entered: 08/06/2021)	Aug. 6, 2021	Aug. 6, 2021 PACER
10	ELECTRONIC SUMMONS ISSUED as to Sergeant William E. Balunas. (vf) (Entered: 08/06/2021)	Aug. 6, 2021	Aug. 6, 2021 PACER
11	ELECTRONIC SUMMONS ISSUED as to Officer Sean P. Robinson. (vf) (Entered: 08/06/2021)	Aug. 6, 2021	Aug. 6, 2021 PACER
12	ELECTRONIC SUMMONS ISSUED as to Lieutenant Richard Mack. (vf) (Entered: 08/06/2021)	Aug. 6, 2021	Aug. 6, 2021 PACER
13	ELECTRONIC SUMMONS ISSUED as to Officer Brianna Carlo. (vf) (Entered: 08/06/2021)	Aug. 6, 2021	Aug. 6, 2021 PACER
	Notice to Attorney Regarding Case Opening Statistical Error Correction	Aug. 6, 2021	Aug. 6, 2021 PACER
	Case Opening Initial Assignment Notice	Aug. 6, 2021	Aug. 6, 2021 PACER
14	LETTER addressed to Judge Colleen McMahon from Robert D. Balin dated 8/7/2021 re: Supplement Related Case Statement. Document filed by Amr Alfiky, Diana Zeyneb Alhindawi, Jemell D. Cole, Jason Donnelly, Adam Gray..(Balin, Robert) (Entered: 08/08/2021)	Aug. 8, 2021	Aug. 8, 2021 RECAP
15	NOTICE OF APPEARANCE by Alison Brooke Schary on behalf of Amr Alfiky, Diana Zeyneb Alhindawi, Jemell D. Cole, Jason Donnelly, Adam Gray..(Schary, Alison) (Entered: 08/11/2021)	Aug. 11, 2021	Aug. 11, 2021 PACER
16	NOTICE OF APPEARANCE by Nimra Azmi on behalf of Amr Alfiky, Diana Zeyneb Alhindawi, Jemell D. Cole, Jason Donnelly, Adam Gray..(Azmi, Nimra) (Entered: 08/11/2021)	Aug. 11, 2021	Aug. 11, 2021 PACER
17	NOTICE OF APPEARANCE by Mickey H Osterreicher on behalf of Amr Alfiky, Diana Zeyneb Alhindawi, Jemell D. Cole, Jason Donnelly, Adam Gray..(Osterreicher, Mickey) (Entered: 08/12/2021)	Aug. 12, 2021	Aug. 12, 2021 PACER
	CASE ACCEPTED AS RELATED. Create association to 1:21-cv-00322-CM. Notice of Assignment to follow. (vba)	Aug. 27, 2021	Aug. 27, 2021 PACER
	NOTICE OF CASE REASSIGNMENT to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (vba)	Aug. 27, 2021	Aug. 27, 2021 PACER
	Magistrate Judge Gabriel W. Gorenstein 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. (vba)	Aug. 27, 2021	Aug. 27, 2021 PACER
	Notice of Case Assignment/Reassignment	Aug. 27, 2021	Aug. 27, 2021 PACER
18	LETTER addressed to Judge Colleen McMahon from Robert D. Balin dated 9/24/2021 re: Requesting Clarification. Document filed by Amr Alfiky, Diana Zeyneb Alhindawi, Jemell D. Cole, Jason Donnelly, Adam Gray..(Balin, Robert) (Entered: 09/24/2021)	Sept. 24, 2021	Sept. 24, 2021 RECAP
19	MEMO ENDORSEMENT on re: 18 Letter filed by Jason Donnelly, Diana Zeyneb Alhindawi, Jemell D. Cole, Amr Alfiky, Adam Gray. ENDORSEMENT: (1) You are consolidated for purposes of discovery. You said it was related - so it is consolidated for purposes of discovery. Sorry, but I am adamant about this. The only discovery that can proceed on its own is the discovery pertaining to the journalist. About that we need to hold a conference. (Signed by Judge Colleen McMahon on 9/27/2021) (kv) (Entered: 09/27/2021)	Sept. 27, 2021	Sept. 27, 2021 RECAP
20	NOTICE OF APPEARANCE by Kathleen Farley on behalf of Amr Alfiky, Diana Zeyneb Alhindawi, Jemell D. Cole, Jason Donnelly, Adam Gray..(Farley, Kathleen) (Entered: 09/29/2021)	Sept. 29, 2021	Sept. 29, 2021 PACER
21	LETTER MOTION for Local Rule 37.2 Conference re: DKT.19 (Memo Endorsement) addressed to Judge Colleen McMahon from Robert Balin dated 9/29/2021. Document filed by Amr Alfiky, Diana Zeyneb Alhindawi, Jemell D. Cole, Jason Donnelly, Adam Gray..(Balin, Robert) (Entered: 09/29/2021)	Sept. 29, 2021	Sept. 29, 2021 RECAP
22	ORDER denying 21 Letter Motion for Local Rule 37.2 Conference. Request a conference with the Magistrate Judge. He is hearing all discovery.. (Signed by Judge Colleen McMahon on 9/30/2021) (kv) (Entered: 09/30/2021)	Sept. 30, 2021	Sept. 30, 2021 RECAP
23	LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Robert Balin dated 9/30/2021 re: request conference for discovery (DKT# 22 Memo Endorsement). Document filed by Amr Alfiky, Diana Zeyneb Alhindawi, Jemell D. Cole, Jason Donnelly, Adam Gray..(Balin, Robert) (Entered: 09/30/2021)	Sept. 30, 2021	Sept. 30, 2021 PACER
24	NOTICE OF APPEARANCE by Abigail Bain Everdell on behalf of Amr Alfiky, Diana Zeyneb Alhindawi, Jemell D. Cole, Jason Donnelly, Adam Gray..(Everdell, Abigail) (Entered: 10/04/2021)	Oct. 4, 2021	Oct. 4, 2021 PACER
	CONSOLIDATED MEMBER CASE: Create association to 1:20-cv-08924-CM. (ama)	Oct. 6, 2021	Oct. 6, 2021 PACER
25	ORDER: As reflected in Judge McMahon's order of September 27, 2021 (Docket # 19) in 21 Civ. 6610, 21 Civ. 6610 is consolidated for discovery purposes with the grouping of cases consolidated as In Re: New York City Policing During Summer 2020 Demonstrations, 20 Civ. 8924. The Clerk is directed to indicate that 21 Civ. 6610 is a member case of 20 Civ. 8924. All filings related to discovery in 21 Civ. 6610 shall be filed under 20 Civ. 8924 (and not in 21 Civ. 6610). With respect to the request for a conference in Docket # 23 in 21 Civ. 6610, the Gray plaintiffs shall discuss their discovery needs with the City and the plaintiffs in the consolidated cases. If agreement can be reached, it may be presented in the form of a joint letter. If agreement cannot be reached, it may be presented in the form of separate letters filed on the same date. If the parties cannot agree on a date by which the letters will be filed, they shall be filed by October 20, 2021. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/06/2021) Filed In Associated Cases: 1:20-cv-08924-CM, 1:21-cv-06610-CM (ama) (Entered: 10/06/2021)	Oct. 6, 2021	Oct. 6, 2021 RECAP
26	MOTION for Alicia Calzada to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25210170. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Amr Alfiky, Diana Zeyneb Alhindawi, Jemell D. Cole, Jason Donnelly, Adam Gray. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Exhibit, # 4 Text of Proposed Order).(Calzada, Alicia) (Entered: 10/18/2021) 1 Affidavit View on PACER 2 Exhibit View on PACER 3 Exhibit View on PACER 4 Text of Proposed Order View on PACER	Oct. 18, 2021	Oct. 18, 2021 PACER
	>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 26 MOTION for Alicia Calzada to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25210170. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea)	Oct. 19, 2021	Oct. 19, 2021 PACER
27	ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE granting 26 Motion for Alicia Calzada to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys.. (Signed by Judge Colleen McMahon on 10/19/2021) (kv) (Entered: 10/19/2021)	Oct. 19, 2021	Oct. 19, 2021 PACER
	Notice Regarding Pro Hac Vice Motion	Oct. 19, 2021	Oct. 19, 2021 PACER
28	ENDORSED LETTER: addressed to Magistrate Judge Gabriel W. Gorenstein from Robert D. Balin dated 10/20/2021 re: Pursuant to Your Honor's order of October 6, 2021 (Dkt. 281), we write jointly with counsel for defendant City of New York (the "City") concerning Plaintiffs' discovery needs. In particular, the parties have discussed Plaintiffs' immediate need for discovery concerning the identities of any remaining Doe defendants, as well as Judge McMahon's order that while the Journalists' Suit is otherwise consolidated with the Consolidated Action, "discovery pertaining to the journalists" "can proceed on its own" (1:21-cv-06610-CM, Dkt. 19). The parties also discussed prospects for settlement, and have agreed to continue negotiations. ENDORSEMENT: The above proposals are so ordered. At this point, the Court does not see the need for a conference. But if the parties have disputes that need to be resolved, they may present them, along with any request for a conference, in accordance with paragraph 2.A of the Court's Individual Practices. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/21/2021) (ama) (Entered: 10/21/2021)	Oct. 21, 2021	Oct. 21, 2021 PACER
29	ORDER granting (296) Motion to Withdraw as Attorney. OK. Attorney Brachah Goykadosh and Elissa Beth Jacobs terminated in case 1:20-cv-08924-CM. (Signed by Judge Colleen McMahon on 10/25/2021) Filed In Associated Cases: 1:20-cv-08924-CM et al. (kv) (Entered: 10/25/2021)	Oct. 25, 2021	Oct. 25, 2021 PACER
30	ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE granting (307) Motion for Alicia Calzada to Appear Pro Hac Vice in case 1:20-cv-08924-CM. GRANTING MOTION FOR ADMISSION PRO HAC VICE: IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys.. (Signed by Judge Colleen McMahon on 11/2/2021) Filed In Associated Cases: 1:20-cv-08924-CM, 1:21-cv-06610-CM (kv) (Entered: 11/02/2021)	Nov. 2, 2021	Nov. 2, 2021 PACER
31	AMENDED COMPLAINT amending 1 Complaint, against Sergeant William E. Balunas, Officer Brianna Carlo, City of New York, Officer Sean P. Robinson, Officer Nicholas Terrett, Officer Luigi Tirro, Officer Adam Muniz, Officer Leonel Giron, Detective Robert Altieri, Lieutenant Keith Gallagher, Captain Gzim Palaj, Officer Stephanie Alba, Sergeant Daniel Slevin, Lieutenant Keith Hockaday, John Doe 1.Document filed by Diana Zeyneb Alhindawi, Jason Donnelly, Jemell D. Cole, Adam Gray, Amr Alfiky. Related document: 1 Complaint,..(Balin, Robert) (Entered: 11/02/2021)	Nov. 2, 2021	Nov. 2, 2021 PACER
32	REQUEST FOR ISSUANCE OF SUMMONS as to Stephanie Alba, re: 31 Amended Complaint,,. Document filed by Amr Alfiky, Diana Zeyneb Alhindawi, Jemell D. Cole, Jason Donnelly, Adam Gray..(Azmi, Nimra) (Entered: 11/05/2021)	Nov. 5, 2021	Nov. 5, 2021 PACER
33	REQUEST FOR ISSUANCE OF SUMMONS as to Leonel Giron, re: 31 Amended Complaint,,. Document filed by Amr Alfiky, Diana Zeyneb Alhindawi, Jemell D. Cole, Jason Donnelly, Adam Gray..(Azmi, Nimra) (Entered: 11/05/2021)	Nov. 5, 2021	Nov. 5, 2021 PACER
34	REQUEST FOR ISSUANCE OF SUMMONS as to Adam Muniz, re: 31 Amended Complaint,,. Document filed by Amr Alfiky, Diana Zeyneb Alhindawi, Jemell D. Cole, Jason Donnelly, Adam Gray..(Azmi, Nimra) (Entered: 11/05/2021)	Nov. 5, 2021	Nov. 5, 2021 PACER
35	REQUEST FOR ISSUANCE OF SUMMONS as to Gzim Palaj, re: 31 Amended Complaint,,. Document filed by Amr Alfiky, Diana Zeyneb Alhindawi, Jemell D. Cole, Jason Donnelly, Adam Gray..(Azmi, Nimra) (Entered: 11/05/2021)	Nov. 5, 2021	Nov. 5, 2021 PACER
36	REQUEST FOR ISSUANCE OF SUMMONS as to Daniel J. Slevin, re: 31 Amended Complaint,,. Document filed by Amr Alfiky, Diana Zeyneb Alhindawi, Jemell D. Cole, Jason Donnelly, Adam Gray..(Azmi, Nimra) (Entered: 11/05/2021)	Nov. 5, 2021	Nov. 5, 2021 PACER
37	REQUEST FOR ISSUANCE OF SUMMONS as to Nicholas Terrett, re: 31 Amended Complaint,,. Document filed by Amr Alfiky, Diana Zeyneb Alhindawi, Jemell D. Cole, Jason Donnelly, Adam Gray..(Azmi, Nimra) (Entered: 11/05/2021)	Nov. 5, 2021	Nov. 5, 2021 PACER
38	REQUEST FOR ISSUANCE OF SUMMONS as to Luigi Tirro, re: 31 Amended Complaint,,. Document filed by Amr Alfiky, Diana Zeyneb Alhindawi, Jemell D. Cole, Jason Donnelly, Adam Gray..(Azmi, Nimra) (Entered: 11/05/2021)	Nov. 5, 2021	Nov. 5, 2021 PACER
39	ELECTRONIC SUMMONS ISSUED as to Officer Stephanie Alba. (sj) (Entered: 11/08/2021)	Nov. 8, 2021	Nov. 8, 2021 PACER
40	ELECTRONIC SUMMONS ISSUED as to Officer Leonel Giron..(sj) (Entered: 11/08/2021)	Nov. 8, 2021	Nov. 8, 2021 PACER
41	ELECTRONIC SUMMONS ISSUED as to Officer Adam Muniz..(sj) (Entered: 11/08/2021)	Nov. 8, 2021	Nov. 8, 2021 PACER
42	ELECTRONIC SUMMONS ISSUED as to Captain Gzim Palaj..(sj) (Entered: 11/08/2021)	Nov. 8, 2021	Nov. 8, 2021 PACER
43	ELECTRONIC SUMMONS ISSUED as to Sergeant Daniel Slevin..(sj) (Entered: 11/08/2021)	Nov. 8, 2021	Nov. 8, 2021 PACER
44	ELECTRONIC SUMMONS ISSUED as to Officer Nicholas Terrett..(sj) (Entered: 11/08/2021)	Nov. 8, 2021	Nov. 8, 2021 PACER
45	ELECTRONIC SUMMONS ISSUED as to Officer Luigi Tirro..(sj) (Entered: 11/08/2021)	Nov. 8, 2021	Nov. 8, 2021 PACER
46	CERTIFICATE OF SERVICE. Document filed by Amr Alfiky, Diana Zeyneb Alhindawi, Jemell D. Cole, Jason Donnelly, Adam Gray. (Attachments: # 1 Certificate of Service, # 2 Certificate of Service).(Azmi, Nimra) (Entered: 11/15/2021) 1 Certificate of Service View on PACER 2 Certificate of Service View on PACER	Nov. 15, 2021	Nov. 15, 2021 PACER
47	ANSWER to 31 Amended Complaint,, with JURY DEMAND. Document filed by City of New York..(Weiss, Dara) (Entered: 11/16/2021)	Nov. 16, 2021	Nov. 16, 2021 PACER
48	SUMMONS RETURNED EXECUTED Summons and Complaint, served. Officer Brianna Carlo served on 8/24/2021, answer due 9/14/2021. Document filed by Jason Donnelly; Adam Gray; Diana Zeyneb Alhindawi; Jemell D. Cole; Amr Alfiky..(Azmi, Nimra) (Entered: 11/17/2021)	Nov. 17, 2021	Nov. 17, 2021 PACER
49	SUMMONS RETURNED EXECUTED Summons and Complaint, served. Officer Sean P. Robinson served on 9/22/2021, answer due 10/13/2021. Document filed by Jason Donnelly; Adam Gray; Diana Zeyneb Alhindawi; Jemell D. Cole; Amr Alfiky..(Azmi, Nimra) (Entered: 11/17/2021)	Nov. 17, 2021	Nov. 17, 2021 PACER
50	SUMMONS RETURNED EXECUTED Summons and Complaint, served. Sergeant William E. Balunas served on 9/22/2021, answer due 10/13/2021. Document filed by Jason Donnelly; Adam Gray; Diana Zeyneb Alhindawi; Jemell D. Cole; Amr Alfiky..(Azmi, Nimra) (Entered: 11/17/2021)	Nov. 17, 2021	Nov. 17, 2021 PACER
51	FILING ERROR - DEFICIENT - SUMMONS REQUESTED - REQUEST FOR ISSUANCE OF SUMMONS as to Keith Hockaday, re: 31 Amended Complaint,,. Document filed by Amr Alfiky, Diana Zeyneb Alhindawi, Jemell D. Cole, Jason Donnelly, Adam Gray..(Balin, Robert) Modified on 11/22/2021 (vf). (Entered: 11/22/2021)	Nov. 22, 2021	Nov. 22, 2021 PACER
52	FILING ERROR - DEFICIENT - SUMMONS REQUESTED - REQUEST FOR ISSUANCE OF SUMMONS as to Robert Altieri, re: 31 Amended Complaint,,. Document filed by Amr Alfiky, Diana Zeyneb Alhindawi, Jemell D. Cole, Jason Donnelly, Adam Gray..(Balin, Robert) Modified on 11/22/2021 (vf). (Entered: 11/22/2021)	Nov. 22, 2021	Nov. 22, 2021 PACER
	***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Robert D. Balin to RE-FILE Document No. 51 Request for Issuance of Summons, 52 Request for Issuance of Summons. The filing is deficient for the following reason(s): Summons Caption Error. Party name error in summons caption. 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. (vf)	Nov. 22, 2021	Nov. 22, 2021 PACER
	Notice to Attorney Regarding Deficient Request for Issuance of Summons	Nov. 22, 2021	Nov. 22, 2021 PACER
53	REQUEST FOR ISSUANCE OF SUMMONS as to Lieutenant Keith Hockaday, re: 31 Amended Complaint,,. Document filed by Amr Alfiky, Diana Zeyneb Alhindawi, Jemell D. Cole, Jason Donnelly, Adam Gray..(Balin, Robert) (Entered: 11/24/2021)	Nov. 24, 2021	Nov. 24, 2021 PACER
54	REQUEST FOR ISSUANCE OF SUMMONS as to Detective Robert Altieri, re: 31 Amended Complaint,,. Document filed by Amr Alfiky, Diana Zeyneb Alhindawi, Jemell D. Cole, Jason Donnelly, Adam Gray..(Balin, Robert) (Entered: 11/24/2021)	Nov. 24, 2021	Nov. 24, 2021 PACER
55	ELECTRONIC SUMMONS ISSUED as to Lieutenant Keith Hockaday. (vf) (Entered: 11/29/2021)	Nov. 29, 2021	Nov. 29, 2021 PACER
56	ELECTRONIC SUMMONS ISSUED as to Detective Robert Altieri. (vf) (Entered: 11/29/2021)	Nov. 29, 2021	Nov. 29, 2021 PACER
57	SUMMONS RETURNED EXECUTED. Captain Gzim Palaj served on 11/22/2021, answer due 12/13/2021. Document filed by Jason Donnelly; Adam Gray; Diana Zeyneb Alhindawi; Jemell D. Cole; Amr Alfiky..(Azmi, Nimra) (Entered: 12/08/2021)	Dec. 8, 2021	Dec. 8, 2021 PACER
58	SUMMONS RETURNED EXECUTED. Officer Nicholas Terrett served on 11/22/2021, answer due 12/13/2021. Document filed by Jason Donnelly; Adam Gray; Diana Zeyneb Alhindawi; Jemell D. Cole; Amr Alfiky..(Azmi, Nimra) (Entered: 12/08/2021)	Dec. 8, 2021	Dec. 8, 2021 PACER
59	SUMMONS RETURNED EXECUTED. Officer Stephanie Alba served on 11/19/2021, answer due 12/10/2021. Document filed by Jason Donnelly; Adam Gray; Diana Zeyneb Alhindawi; Jemell D. Cole; Amr Alfiky..(Azmi, Nimra) (Entered: 12/08/2021)	Dec. 8, 2021	Dec. 8, 2021 PACER
60	SUMMONS RETURNED EXECUTED. Officer Adam Muniz served on 11/19/2021, answer due 12/10/2021. Document filed by Jason Donnelly; Adam Gray; Diana Zeyneb Alhindawi; Jemell D. Cole; Amr Alfiky..(Azmi, Nimra) (Entered: 12/08/2021)	Dec. 8, 2021	Dec. 8, 2021 PACER
61	SUMMONS RETURNED EXECUTED. Officer Leonel Giron served on 11/19/2021, answer due 12/10/2021. Document filed by Jason Donnelly; Adam Gray; Diana Zeyneb Alhindawi; Jemell D. Cole; Amr Alfiky..(Azmi, Nimra) (Entered: 12/08/2021)	Dec. 8, 2021	Dec. 8, 2021 PACER
62	SUMMONS RETURNED EXECUTED. Officer Luigi Tirro served on 11/19/2021, answer due 12/10/2021. Document filed by Jason Donnelly; Adam Gray; Diana Zeyneb Alhindawi; Jemell D. Cole; Amr Alfiky..(Azmi, Nimra) (Entered: 12/08/2021)	Dec. 8, 2021	Dec. 8, 2021 PACER
63	SUMMONS RETURNED EXECUTED. Sergeant Daniel Slevin served on 11/22/2021, answer due 12/13/2021. Document filed by Jason Donnelly; Adam Gray; Diana Zeyneb Alhindawi; Jemell D. Cole; Amr Alfiky..(Azmi, Nimra) (Entered: 12/08/2021)	Dec. 8, 2021	Dec. 8, 2021 PACER
64	AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,. Lieutenant Keith Hockaday served on 12/10/2021, answer due 1/3/2022. Document filed by Jason Donnelly; Adam Gray; Diana Zeyneb Alhindawi; Jemell D. Cole; Amr Alfiky..(Azmi, Nimra) (Entered: 12/16/2021)	Dec. 16, 2021	Dec. 16, 2021 PACER
65	AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,. Detective Robert Altieri served on 12/10/2021, answer due 1/3/2022. Document filed by Jason Donnelly; Adam Gray; Diana Zeyneb Alhindawi; Jemell D. Cole; Amr Alfiky..(Azmi, Nimra) (Entered: 12/16/2021)	Dec. 16, 2021	Dec. 16, 2021 PACER
66	REQUEST FOR ISSUANCE OF SUMMONS as to Lt. Keith Gallagher, re: 31 Amended Complaint,,. Document filed by Amr Alfiky, Diana Zeyneb Alhindawi, Jemell D. Cole, Jason Donnelly, Adam Gray..(Balin, Robert) (Entered: 12/23/2021)	Dec. 23, 2021	Dec. 23, 2021 PACER
67	ELECTRONIC SUMMONS ISSUED as to Lieutenant Keith Gallagher..(gp) (Entered: 12/27/2021)	Dec. 27, 2021	Dec. 27, 2021 PACER
68	ANSWER to 31 Amended Complaint,, with JURY DEMAND. Document filed by Officer Stephanie Alba, Detective Robert Altieri, Sergeant William E. Balunas, Officer Brianna Carlo, Officer Leonel Giron, Lieutenant Keith Hockaday, Officer Adam Muniz, Captain Gzim Palaj, Officer Sean P. Robinson, Sergeant Daniel Slevin, Officer Nicholas Terrett, Officer Luigi Tirro..(Weiss, Dara) (Entered: 01/15/2022)	Jan. 15, 2022	Jan. 15, 2022 PACER
69	LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Robert D. Balin dated January 20, 2022 re: Compel the production of Witnesses. Document filed by Amr Alfiky, Diana Zeyneb Alhindawi, Jemell D. Cole, Jason Donnelly, Adam Gray..(Balin, Robert) (Entered: 01/20/2022)	Jan. 20, 2022	Jan. 20, 2022 RECAP
70	SUMMONS RETURNED EXECUTED. Lieutenant Keith Gallagher served on 1/19/2022, answer due 2/9/2022. Document filed by Jason Donnelly; Adam Gray; Diana Zeyneb Alhindawi; Jemell D. Cole; Amr Alfiky..(Azmi, Nimra) (Entered: 01/24/2022)	Jan. 24, 2022	Jan. 24, 2022 PACER
71	NOTICE OF APPEARANCE by Shannon Riordan on behalf of City of New York. Filed In Associated Cases: 1:20-cv-08924-CM et al..(Riordan, Shannon) (Entered: 02/01/2022)	Feb. 1, 2022	Feb. 1, 2022 PACER
72	NOTICE OF APPEARANCE by Daniel Michael Braun on behalf of City of New York. Filed In Associated Cases: 1:20-cv-08924-CM et al..(Braun, Daniel) (Entered: 02/01/2022)	Feb. 1, 2022	Feb. 1, 2022 PACER
73	LETTER MOTION to Compel the City of New York to produce documents and interrogatory responses addressed to Magistrate Judge Gabriel W. Gorenstein from David B. Rankin dated February 8, 2022. Document filed by Matthew Bredder, Savitri Durkee, David Jaklevic, Dara Pluchino, Oscar Rios, Barbara Ross, Maria Salazar, Adama Sow, Sabrina Zurkuhlen, Alexandra de Mucha Pino. (Attachments: # 1 Exhibit 1 - Sow Supplemental Discovery Demands, # 2 Exhibit 2 - ECF 317 pre-motion letter to re supplemental discovery demands)Filed In Associated Cases: 1:20-cv-08924-CM et al..(Rankin, David) (Entered: 02/08/2022) 1 Exhibit 1 - Sow Supplemental Discovery Demands View on PACER 2 Exhibit 2 - ECF 317 pre-motion letter to re supplemental discovery demands View on PACER	Feb. 8, 2022	Feb. 8, 2022 PACER
74	LETTER MOTION to Compel the City of New York to produce documents related to an after-action review process conducted by the NYPD addressed to Magistrate Judge Gabriel W. Gorenstein from Corey Stoughton dated March 25, 2022. Document filed by Jaime Fried, Camila Gini, Vidal Guzman, Vivian Matthew King-Yarde, Andie Mali, Micaela Martinez, Colleen McCormack-Maitland, Charlie Monlouis-Anderle, Nicholas Mulder, Jarrett Payne, Julian Phillips. (Attachments: # 1 Exhibit A - Privilege Logs, # 2 Exhibit B - August 19 Email re: Privilege, # 3 Exhibit C - August 20 Email re: Privilege, # 4 Exhibit D - March 8-25 Emails re: Privilege)Filed In Associated Cases: 1:20-cv-08924-CM et al..(Stoughton, Corey) (Entered: 03/25/2022)	March 25, 2022	March 25, 2022 PACER
	***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Stephen McQuade to RE-FILE Document (122 in 1:20-cv-10291-CM, 129 in 1:21-cv-00322-CM, 130 in 1:21-cv-00533-CM, 471 in 1:20-cv-08924-CM) MOTION to Intervene .. ERROR(S): Supporting documents are filed separately, each receiving their own document #. Filed In Associated Cases: 1:20-cv-08924-CM et al.(db)	March 31, 2022	March 31, 2022 PACER
	Notice to Attorney to Re-File Document - Deficient Docket Entry Error	March 31, 2022	March 31, 2022 PACER
75	ORDER denying (478) Letter Motion for Extension of Time to File Response/Reply re (478 in 1:20-cv-08924-CM) FIRST LETTER MOTION for Extension of Time to File Response/Reply as to (468) MOTION to Intervene ., (474) MOTION to Intervene . addressed to Judge Colleen McMahon from People of the State of New York on behalf of al in case 1:20-cv-08924-CM. Respond to the motion without extension. I am under no illusion about the meaning of the second circuit's decision, and while I may not agree with it, I will be bound by the mandate rule to enforce it. I will stay a ruling on any motions until the motion for reargument/en banc hearing is decided on the 17th Floor, but i want everything briefed and ready for decision - which will come within a few days following the issuance of the mandate.. (Signed by Judge Colleen McMahon on 4/7/2022) Filed In Associated Cases: 1:20-cv-08924-CM et al. (kv) (Entered: 04/07/2022)	April 7, 2022	April 7, 2022 PACER
76	LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Corey Stoughton dated 4/7/2022 re: 482. Document filed by Jaime Fried, Camila Gini, Vidal Guzman, Vivian Matthew King-Yarde, Andie Mali, Micaela Martinez, Colleen McCormack-Maitland, Charlie Monlouis-Anderle, Nicholas Mulder, Jarrett Payne, Julian Phillips.Filed In Associated Cases: 1:20-cv-08924-CM et al..(Stoughton, Corey) (Entered: 04/07/2022)	April 7, 2022	April 7, 2022 RECAP
77	MANDATE of USCA (Certified Copy) as to (88 in 1:20-cv-10541-CM, 89 in 1:20-cv-10291-CM, 154 in 1:20-cv-08924-CM, 97 in 1:21-cv-00322-CM, 98 in 1:21-cv-00533-CM, 51 in 1:21-cv-01904-CM) Notice of Appeal, filed by Police Benevolent Association of the City of New York, Inc. USCA Case Number 21-1316.. IT IS HEREBY ORDERED, ADJUDGED and DECREED that the district court's judgment denying intervention under Federal Rule of Civil Procedure 24(a) as to Payne v. DeBlasio, No. 20-CV-8924; People of the State of New York v. City of New York, No. 21-CV- 322; Sow v. City of New York, No. 21-CV-533; and Sierra v. City of New York, No. 20-CV- 10291, is REVERSED. The district court's judgment denying intervention under Federal Rules of Civil Procedure 24(a) and (b) as to those litigations within the consolidated actions that seek only damages (Yates v. New York City, No. 21-CV-1904; and Wood v. City of New York, No. 20- CV-10541) is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 05/17/2022. (Attachments: # 1 Opinion)Filed In Associated Cases: 1:20-cv-08924-CM et al..(nd) (Entered: 05/17/2022) 1 Opinion View on RECAP	May 17, 2022	May 17, 2022 PACER
	Transmission of USCA Mandate to the District Judge re: (38 in 1:21-cv-02548-CM, 129 in 1:20-cv-10291-CM, 86 in 1:21-cv-01904-CM, 136 in 1:21-cv-00322-CM, 543 in 1:20-cv-08924-CM, 77 in 1:21-cv-06610-CM, 137 in 1:21-cv-00533-CM, 117 in 1:20-cv-10541-CM) USCA Mandate,,,,. Filed In Associated Cases: 1:20-cv-08924-CM et al..(nd)	May 17, 2022	May 17, 2022 PACER
	Transmission of USCA Mandate/Order to District Judge	May 17, 2022	May 17, 2022 PACER
78	ORDER granting (544) Letter Motion for Discovery in case 1:20-cv-08924-CM. No opposition having been filed to the relief requested in this letter, the request for relief is granted. The City is ordered to pay Mx. J. Remy Green $9,045.00, pursuant to Fed. R. Civ. P. 37 for the reasons stated at the conference held on April 12, 2022. The payment shall be made by July 11, 2022. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/26/2022) Filed In Associated Cases: 1:20-cv-08924-CM et al. (tg) Transmission to Finance Unit (Cashiers) for processing. (Entered: 05/26/2022)	May 26, 2022	May 26, 2022 RECAP
79	LETTER addressed to Judge Colleen McMahon from Plaintiffs Seeking Injunctive Relief, Defendant City of New York, and Intervenor Defendants PBA, DEA, & SBA dated 07/07/2022 re: Requesting Referral to SDNY Mediation Program. Document filed by People of The State of New York.Filed In Associated Cases: 1:20-cv-08924-CM, 1:21-cv-00322-CM, 1:21-cv-00533-CM, 1:21-cv-02548-CM, 1:21-cv-06610-CM.(England, Travis) (Entered: 07/07/2022)	July 7, 2022	July 7, 2022 PACER
	Minute Entry for proceedings held before SDNY Mediation: Mediation Conference held on 7/28/2022. Mediation Status due by 8/29/2022. Associated Cases: 1:20-cv-08924-CM et al.(rpr)	July 28, 2022	July 28, 2022 PACER
	Mediation Conference	July 28, 2022	July 28, 2022 PACER

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Case Details

State / Territory: New York

Case Type(s):

Policing

Special Collection(s):

Police Violence Protests

Key Dates

Filing Date: Aug. 5, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Five professional photojournalists who were assaulted by police and detained without cause while documenting police conduct during racial justice protests.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

The City of New York (New York), City

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details