Case: Rolon v. City of New York

1:21-cv-02548 | U.S. District Court for the Southern District of New York

Filed Date: March 24, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

On March 4, 2021, six private individuals who attended racial justice protests in various neighborhoods of New York City filed suit in the U.S. District Court for the Southern District of New York against the City of New York, the New York City Police Department (the NYPD), City officials, and police officers in their individual capacities. The plaintiffs, represented by private counsel, brought this action under 42 U.S.C. § 1983 and its New York state law equivalent to remedy violations of the…

On March 4, 2021, six private individuals who attended racial justice protests in various neighborhoods of New York City filed suit in the U.S. District Court for the Southern District of New York against the City of New York, the New York City Police Department (the NYPD), City officials, and police officers in their individual capacities. The plaintiffs, represented by private counsel, brought this action under 42 U.S.C. § 1983 and its New York state law equivalent to remedy violations of their First, Fourth, and Fourteenth Amendment rights. The lawsuit sought declaratory, injunctive, and compensatory relief.

The complaint alleged that in the summer of 2020, the defendants assaulted and unlawfully arrested protesters at various New York City protests. Specifically, the NYPD used a police maneuver known as “kettling” to surround peaceful protesters with police officers, entrap them in a small area, and arrest them. The defendants beat the “kettled” protesters with batons and sprayed them with pepper spray. Protestors were then shoved to the ground, dragged, and tied up with zip ties. They were held in NYPD vans for hours before being transported for processing. The plaintiffs further alleged that, despite the ongoing COVID-19 pandemic, police officers responding to protests frequently failed to wear masks, exposing protesters to a heightened risk of contracting COVID-19.

The case was transferred to Judge Colleen McMahon as possibly related to other cases on her docket, and referred to Magistrate Judge Gabriel Gorenstein. On April 29, 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. Also on April 28, 2021, Judge McMahon stayed this case pending resolution of the earlier-filed cases.

While the parties were engaged in discovery, on March 11, 2022, the court entered a judgment in one of the consolidated cases, Yates v. City of New York, for $15,001, plus reasonable attorneys’ fees, expenses, and costs. On May 11, 2022, the court dissolved the stay in this case, allowing the plaintiffs to participate on equal footing with the remaining plaintiffs in the consolidated case.

On May 17, 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 this case, but not in the actions seeking monetary damages only (Yates and Wood v. de Blasio).

On July 6, 2022, the plaintiffs filed an amended complaint which named police officers who had previously been identified only as Officers John or Jane Doe. On July 7, 2022, the plaintiffs and the defendants filed a letter with the court asking to be referred to a mediation program. This was granted, and the parties engaged in mediation from the summer of 2022 through early 2023 without resolving the action.

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 17, 2023, the rest of the cases in the consolidated action, including this case, were proceeding through the discovery process.

Summary Authors

Kady Matsuzaki (3/17/2023)

Related Cases

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

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)

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

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

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/59761582/parties/rolon-v-city-of-new-york/


Judge(s)

McMahon, Colleen (New York)

Attorney for Plaintiff

Aboushi, Aymen A. (New York)

Aboushi, Tahanie Ahmad (New York)

Attorney for Defendant

Kissane, Thomas Aquinas (New York)

Marts, Sergey (New York)

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Documents in the Clearinghouse

Document
1

1:21-cv-02548

Jury Demand: Complaint

March 24, 2021

March 24, 2021

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/59761582/rolon-v-city-of-new-york/

Last updated March 10, 2024, 4:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against ALTAMIRANO, Jon Brodie, CITY OF NEW YORK, Bill DeBlasio, Robert Dixson, Fierro, Lars Frantzen, Scott Haldeman, John and Jane Does 1 through 20, Terrance Monahan, New York Police Department, Pichardo, Dermot Shea, Wells. (Filing Fee $ 402.00, Receipt Number ANYSDC-24301473)Document filed by Michael Hernandez, Christopher Husary, Corey Gilzean, Jonathan Peck, Kayla Rolon, Keith Clingman..(Aboushi, Tahanie) (Entered: 03/24/2021)

March 24, 2021

March 24, 2021

Clearinghouse
1

COMPLAINT against ALTAMIRANO, Jon Brodie, CITY OF NEW YORK, Bill DeBlasio, Robert Dixson, Fierro, Lars Frantzen, Scott Haldeman, John and Jane Does 1 through 20, Terrance Monahan, New York Police Department, Pichardo, Dermot Shea, Wells. (Filing Fee $ 402.00, Receipt Number ANYSDC-24301473)Document filed by Michael Hernandez, Christopher Husary, Corey Gilzean, Jonathan Peck, Kayla Rolon, Keith Clingman..(Aboushi, Tahanie) (Entered: 03/24/2021)

March 24, 2021

March 24, 2021

Clearinghouse
2

CIVIL COVER SHEET filed..(Aboushi, Tahanie) (Entered: 03/24/2021)

March 24, 2021

March 24, 2021

PACER
2

CIVIL COVER SHEET filed..(Aboushi, Tahanie) (Entered: 03/24/2021)

March 24, 2021

March 24, 2021

PACER
3

STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:21-cv-322. Document filed by Keith Clingman, Corey Gilzean, Michael Hernandez, Christopher Husary, Jonathan Peck, Kayla Rolon..(Aboushi, Tahanie) (Entered: 03/24/2021)

March 24, 2021

March 24, 2021

PACER
3

STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:21-cv-322. Document filed by Keith Clingman, Corey Gilzean, Michael Hernandez, Christopher Husary, Jonathan Peck, Kayla Rolon..(Aboushi, Tahanie) (Entered: 03/24/2021)

March 24, 2021

March 24, 2021

PACER
4

FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to THE CITY OF NEW YORK, THE NEW YORK POLICE DEPARTMENT, MAYOR BILL DE BLASIO, NYPD COMMISSIONER DERMOT SHEA, NYPD CHIEF TERENCE MONAHAN, AND POLICE OFFICERS WELLS, LARS FRANTZEN (TAX ID. 936615), FIERRO (SHIELD NO. 88189), JON BRODIE (88th PRECINCT), PICHARDO (40th PRECINCT), EDUARD LUCERO, ALTAMIRANO (TAX ID 960157), SGT. ROBERT DIXSON (TAX ID. 934784), SGT SCOTT HALDEMAN, re: 1 Complaint. Document filed by Keith Clingman, Corey Gilzean, Michael Hernandez, Christopher Husary, Jonathan Peck, Kayla Rolon. (Attachments: # 1 Deft. DeBlasio, # 2 Deft. Monahan, # 3 Deft. Shea, # 4 Deft. Altamirano, # 5 Deft. Fierro, # 6 Deft. Frantzen, # 7 Deft. Brodie, # 8 Deft. Lucero, # 9 Deft. Pichardo, # 10 Deft. Wells, # 11 Deft. Dixson, # 12 Deft. Haldeman, # 13 Deft. NYPD).(Aboushi, Tahanie) Modified on 3/25/2021 (sj). (Entered: 03/24/2021)

1 Deft. DeBlasio

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2 Deft. Monahan

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3 Deft. Shea

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4 Deft. Altamirano

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5 Deft. Fierro

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6 Deft. Frantzen

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7 Deft. Brodie

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8 Deft. Lucero

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9 Deft. Pichardo

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10 Deft. Wells

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11 Deft. Dixson

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12 Deft. Haldeman

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13 Deft. NYPD

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March 24, 2021

March 24, 2021

PACER
4

FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to THE CITY OF NEW YORK, THE NEW YORK POLICE DEPARTMENT, MAYOR BILL DE BLASIO, NYPD COMMISSIONER DERMOT SHEA, NYPD CHIEF TERENCE MONAHAN, AND POLICE OFFICERS WELLS, LARS FRANTZEN (TAX ID. 936615), FIERRO (SHIELD NO. 88189), JON BRODIE (88th PRECINCT), PICHARDO (40th PRECINCT), EDUARD LUCERO, ALTAMIRANO (TAX ID 960157), SGT. ROBERT DIXSON (TAX ID. 934784), SGT SCOTT HALDEMAN, re: 1 Complaint. Document filed by Keith Clingman, Corey Gilzean, Michael Hernandez, Christopher Husary, Jonathan Peck, Kayla Rolon. (Attachments: # 1 Deft. DeBlasio, # 2 Deft. Monahan, # 3 Deft. Shea, # 4 Deft. Altamirano, # 5 Deft. Fierro, # 6 Deft. Frantzen, # 7 Deft. Brodie, # 8 Deft. Lucero, # 9 Deft. Pichardo, # 10 Deft. Wells, # 11 Deft. Dixson, # 12 Deft. Haldeman, # 13 Deft. NYPD).(Aboushi, Tahanie) Modified on 3/25/2021 (sj). (Entered: 03/24/2021)

1 Deft. DeBlasio

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2 Deft. Monahan

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3 Deft. Shea

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4 Deft. Altamirano

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5 Deft. Fierro

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6 Deft. Frantzen

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7 Deft. Brodie

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8 Deft. Lucero

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9 Deft. Pichardo

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10 Deft. Wells

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11 Deft. Dixson

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12 Deft. Haldeman

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13 Deft. NYPD

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March 24, 2021

March 24, 2021

PACER
1

COMPLAINT against ALTAMIRANO, Jon Brodie, CITY OF NEW YORK, Bill DeBlasio, Robert Dixson, Fierro, Lars Frantzen, Scott Haldeman, John and Jane Does 1 through 20, Terrance Monahan, New York Police Department, Pichardo, Dermot Shea, Wells. (Filing Fee $ 402.00, Receipt Number ANYSDC-24301473)Document filed by Michael Hernandez, Christopher Husary, Corey Gilzean, Jonathan Peck, Kayla Rolon, Keith Clingman..(Aboushi, Tahanie) (Entered: 03/24/2021)

March 24, 2021

March 24, 2021

RECAP
2

CIVIL COVER SHEET filed..(Aboushi, Tahanie) (Entered: 03/24/2021)

March 24, 2021

March 24, 2021

PACER
3

STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:21-cv-322. Document filed by Keith Clingman, Corey Gilzean, Michael Hernandez, Christopher Husary, Jonathan Peck, Kayla Rolon..(Aboushi, Tahanie) (Entered: 03/24/2021)

March 24, 2021

March 24, 2021

PACER
4

FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to THE CITY OF NEW YORK, THE NEW YORK POLICE DEPARTMENT, MAYOR BILL DE BLASIO, NYPD COMMISSIONER DERMOT SHEA, NYPD CHIEF TERENCE MONAHAN, AND POLICE OFFICERS WELLS, LARS FRANTZEN (TAX ID. 936615), FIERRO (SHIELD NO. 88189), JON BRODIE (88th PRECINCT), PICHARDO (40th PRECINCT), EDUARD LUCERO, ALTAMIRANO (TAX ID 960157), SGT. ROBERT DIXSON (TAX ID. 934784), SGT SCOTT HALDEMAN, re: 1 Complaint. Document filed by Keith Clingman, Corey Gilzean, Michael Hernandez, Christopher Husary, Jonathan Peck, Kayla Rolon. (Attachments: # 1 Deft. DeBlasio, # 2 Deft. Monahan, # 3 Deft. Shea, # 4 Deft. Altamirano, # 5 Deft. Fierro, # 6 Deft. Frantzen, # 7 Deft. Brodie, # 8 Deft. Lucero, # 9 Deft. Pichardo, # 10 Deft. Wells, # 11 Deft. Dixson, # 12 Deft. Haldeman, # 13 Deft. NYPD).(Aboushi, Tahanie) Modified on 3/25/2021 (sj). (Entered: 03/24/2021)

1 Deft. DeBlasio

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2 Deft. Monahan

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3 Deft. Shea

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4 Deft. Altamirano

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5 Deft. Fierro

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6 Deft. Frantzen

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7 Deft. Brodie

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8 Deft. Lucero

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9 Deft. Pichardo

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10 Deft. Wells

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11 Deft. Dixson

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12 Deft. Haldeman

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13 Deft. NYPD

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March 24, 2021

March 24, 2021

PACER

Notice to Attorney Regarding Party Modification

March 25, 2021

March 25, 2021

PACER

Notice to Attorney Regarding Party Modification

March 25, 2021

March 25, 2021

PACER

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Tahanie Ahmad Aboushi. The party information for the following party/parties has been modified: City of New York, Lars Frantzen, Fierro, Jon Brodie, Pichardo, Altamirano, Robert Dixson, John and Jane Does 1-20. 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;. (sj)

March 25, 2021

March 25, 2021

PACER

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Tahanie Ahmad Aboushi. The party information for the following party/parties has been modified: City of New York, Lars Frantzen, Fierro, Jon Brodie, Pichardo, Altamirano, Robert Dixson, John and Jane Does 1-20. 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;. (sj)

March 25, 2021

March 25, 2021

PACER

Notice to Attorney Regarding Case Opening Statistical Error Correction

March 25, 2021

March 25, 2021

PACER

Notice to Attorney Regarding Case Opening Statistical Error Correction

March 25, 2021

March 25, 2021

PACER

***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Tahanie Ahmad Aboushi. The following case opening statistical information was erroneously selected/entered: Fee Status code due (due). The following correction(s) have been made to your case entry: the Fee Status code has been modified to pd (paid). (sj)

March 25, 2021

March 25, 2021

PACER

***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Tahanie Ahmad Aboushi. The following case opening statistical information was erroneously selected/entered: Fee Status code due (due). The following correction(s) have been made to your case entry: the Fee Status code has been modified to pd (paid). (sj)

March 25, 2021

March 25, 2021

PACER

Case Opening Initial Assignment Notice

March 25, 2021

March 25, 2021

PACER

Case Opening Initial Assignment Notice

March 25, 2021

March 25, 2021

PACER

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (sj)

March 25, 2021

March 25, 2021

PACER

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (sj)

March 25, 2021

March 25, 2021

PACER

Case Designated ECF. (sj)

March 25, 2021

March 25, 2021

PACER

Case Designated ECF. (sj)

March 25, 2021

March 25, 2021

PACER

Case Designated ECF

March 25, 2021

March 25, 2021

PACER

Case Designated ECF

March 25, 2021

March 25, 2021

PACER

CASE REFERRED TO Judge Colleen McMahon as possibly related to 1:21cv0322. (sj)

March 25, 2021

March 25, 2021

PACER

CASE REFERRED TO Judge Colleen McMahon as possibly related to 1:21cv0322. (sj)

March 25, 2021

March 25, 2021

PACER

Case Referred as Possibly Related/Similar

March 25, 2021

March 25, 2021

PACER

Case Referred as Possibly Related/Similar

March 25, 2021

March 25, 2021

PACER

Notice to Attorney Regarding Deficient Request for Issuance of Summons

March 25, 2021

March 25, 2021

PACER

Notice to Attorney Regarding Deficient Request for Issuance of Summons

March 25, 2021

March 25, 2021

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Tahanie Ahmad Aboushi to RE-FILE Document No. 4 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; all parties must be seen in caption; if all parties do not fit, list leading defendant followed by 'et al'; each summons request must be its own docket entry or you may file one request with an attachment listing all parties as to whom the summons request is for. 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)

March 25, 2021

March 25, 2021

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Tahanie Ahmad Aboushi to RE-FILE Document No. 4 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; all parties must be seen in caption; if all parties do not fit, list leading defendant followed by 'et al'; each summons request must be its own docket entry or you may file one request with an attachment listing all parties as to whom the summons request is for. 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)

March 25, 2021

March 25, 2021

PACER

Notice to Attorney Regarding Deficient Pleading

March 25, 2021

March 25, 2021

PACER

Notice to Attorney Regarding Deficient Pleading

March 25, 2021

March 25, 2021

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Tahanie Ahmad Aboushi re: Document No. 1 Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; Eduard Lucero must be added. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. (sj)

March 25, 2021

March 25, 2021

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Tahanie Ahmad Aboushi re: Document No. 1 Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; Eduard Lucero must be added. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. (sj)

March 25, 2021

March 25, 2021

PACER

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Tahanie Ahmad Aboushi. The party information for the following party/parties has been modified: City of New York, Lars Frantzen, Fierro, Jon Brodie, Pichardo, Altamirano, Robert Dixson, John and Jane Does 1-20. 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;. (sj)

March 25, 2021

March 25, 2021

PACER

Notice to Attorney Regarding Case Opening Statistical Error Correction

March 25, 2021

March 25, 2021

PACER

***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Tahanie Ahmad Aboushi. The following case opening statistical information was erroneously selected/entered: Fee Status code due (due). The following correction(s) have been made to your case entry: the Fee Status code has been modified to pd (paid). (sj)

March 25, 2021

March 25, 2021

PACER

Case Opening Initial Assignment Notice

March 25, 2021

March 25, 2021

PACER

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (sj)

March 25, 2021

March 25, 2021

PACER

Case Designated ECF. (sj)

March 25, 2021

March 25, 2021

PACER

Case Designated ECF

March 25, 2021

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PACER

CASE REFERRED TO Judge Colleen McMahon as possibly related to 1:21cv0322. (sj)

March 25, 2021

March 25, 2021

PACER

Case Referred as Possibly Related/Similar

March 25, 2021

March 25, 2021

PACER

Notice to Attorney Regarding Deficient Request for Issuance of Summons

March 25, 2021

March 25, 2021

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Tahanie Ahmad Aboushi to RE-FILE Document No. 4 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; all parties must be seen in caption; if all parties do not fit, list leading defendant followed by 'et al'; each summons request must be its own docket entry or you may file one request with an attachment listing all parties as to whom the summons request is for. 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)

March 25, 2021

March 25, 2021

PACER

Notice to Attorney Regarding Deficient Pleading

March 25, 2021

March 25, 2021

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Tahanie Ahmad Aboushi re: Document No. 1 Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; Eduard Lucero must be added. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. (sj)

March 25, 2021

March 25, 2021

PACER

Notice to Attorney Regarding Party Modification

March 25, 2021

March 25, 2021

PACER

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Tahanie Ahmad Aboushi. The party information for the following party/parties has been modified: Terrance Monahan,. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (pc)

March 25, 2021

March 25, 2021

PACER

ADD PARTY FOR PLEADING. Defendants/Respondents Eduard Lucero added. Party added pursuant to 1 Complaint,.Document filed by Michael Hernandez, Christopher Husary, Corey Gilzean, Jonathan Peck, Kayla Rolon, Keith Clingman. Related document: 1 Complaint,..(Aboushi, Tahanie)

March 30, 2021

March 30, 2021

PACER

ADD PARTY FOR PLEADING. Defendants/Respondents Eduard Lucero added. Party added pursuant to 1 Complaint,.Document filed by Michael Hernandez, Christopher Husary, Corey Gilzean, Jonathan Peck, Kayla Rolon, Keith Clingman. Related document: 1 Complaint,..(Aboushi, Tahanie)

March 30, 2021

March 30, 2021

PACER

Add Party for Pleading

March 30, 2021

March 30, 2021

PACER

Add Party for Pleading

March 30, 2021

March 30, 2021

PACER
5

REQUEST FOR ISSUANCE OF SUMMONS as to The City of New York, The New York Police Department, Mayor Bill DeBlasio, NYPD Commissioner Dermot Shea, NYPD Chief Terence Monahan, and Police Officers Wells, Lars Frantzen, Fierro, Jon Brodie, Pichardo, Eduard Lucero, Altamirano, Sgt. Robert Dixson, and Sgt. Scott Haldeman., re: 1 Complaint,. Document filed by Keith Clingman, Corey Gilzean, Michael Hernandez, Christopher Husary, Jonathan Peck, Kayla Rolon. (Attachments: # 1 Defendants to be Served).(Aboushi, Tahanie) (Entered: 03/30/2021)

1 Defendants to be Served

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March 30, 2021

March 30, 2021

PACER
5

REQUEST FOR ISSUANCE OF SUMMONS as to The City of New York, The New York Police Department, Mayor Bill DeBlasio, NYPD Commissioner Dermot Shea, NYPD Chief Terence Monahan, and Police Officers Wells, Lars Frantzen, Fierro, Jon Brodie, Pichardo, Eduard Lucero, Altamirano, Sgt. Robert Dixson, and Sgt. Scott Haldeman., re: 1 Complaint,. Document filed by Keith Clingman, Corey Gilzean, Michael Hernandez, Christopher Husary, Jonathan Peck, Kayla Rolon. (Attachments: # 1 Defendants to be Served).(Aboushi, Tahanie) (Entered: 03/30/2021)

1 Defendants to be Served

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March 30, 2021

March 30, 2021

PACER

ADD PARTY FOR PLEADING. Defendants/Respondents Eduard Lucero added. Party added pursuant to 1 Complaint,.Document filed by Michael Hernandez, Christopher Husary, Corey Gilzean, Jonathan Peck, Kayla Rolon, Keith Clingman. Related document: 1 Complaint,..(Aboushi, Tahanie)

March 30, 2021

March 30, 2021

PACER

Add Party for Pleading

March 30, 2021

March 30, 2021

PACER
5

REQUEST FOR ISSUANCE OF SUMMONS as to The City of New York, The New York Police Department, Mayor Bill DeBlasio, NYPD Commissioner Dermot Shea, NYPD Chief Terence Monahan, and Police Officers Wells, Lars Frantzen, Fierro, Jon Brodie, Pichardo, Eduard Lucero, Altamirano, Sgt. Robert Dixson, and Sgt. Scott Haldeman., re: 1 Complaint,. Document filed by Keith Clingman, Corey Gilzean, Michael Hernandez, Christopher Husary, Jonathan Peck, Kayla Rolon. (Attachments: # 1 Defendants to be Served).(Aboushi, Tahanie) (Entered: 03/30/2021)

1 Defendants to be Served

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March 30, 2021

March 30, 2021

PACER
6

ELECTRONIC SUMMONS ISSUED as to Altamirano, Jon Brodie, City of New York, Bill DeBlasio, Robert Dixson, Fierro, Lars Frantzen, Scott Haldeman, Eduard Lucero, Terrance Monahan, New York Police Department, Pichardo, Dermot Shea, Wells..(dnh) (Entered: 03/31/2021)

March 31, 2021

March 31, 2021

PACER
6

ELECTRONIC SUMMONS ISSUED as to Altamirano, Jon Brodie, City of New York, Bill DeBlasio, Robert Dixson, Fierro, Lars Frantzen, Scott Haldeman, Eduard Lucero, Terrance Monahan, New York Police Department, Pichardo, Dermot Shea, Wells..(dnh) (Entered: 03/31/2021)

March 31, 2021

March 31, 2021

PACER
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ELECTRONIC SUMMONS ISSUED as to Altamirano, Jon Brodie, City of New York, Bill DeBlasio, Robert Dixson, Fierro, Lars Frantzen, Scott Haldeman, Eduard Lucero, Terrance Monahan, New York Police Department, Pichardo, Dermot Shea, Wells..(dnh) (Entered: 03/31/2021)

March 31, 2021

March 31, 2021

PACER

CASE ACCEPTED AS RELATED. Create association to 1:21-cv-00322-CM. Notice of Assignment to follow. (aea)

April 29, 2021

April 29, 2021

PACER

CASE ACCEPTED AS RELATED. Create association to 1:21-cv-00322-CM. Notice of Assignment to follow. (aea)

April 29, 2021

April 29, 2021

PACER

Case Accepted as Related

April 29, 2021

April 29, 2021

PACER

Case Accepted as Related

April 29, 2021

April 29, 2021

PACER

Notice of Case Assignment/Reassignment

April 29, 2021

April 29, 2021

PACER

Notice of Case Assignment/Reassignment

April 29, 2021

April 29, 2021

PACER

NOTICE OF CASE REASSIGNMENT to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (aea)

April 29, 2021

April 29, 2021

PACER

NOTICE OF CASE REASSIGNMENT to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (aea)

April 29, 2021

April 29, 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. (aea)

April 29, 2021

April 29, 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. (aea)

April 29, 2021

April 29, 2021

PACER

Case Designation

April 29, 2021

April 29, 2021

PACER

Case Designation

April 29, 2021

April 29, 2021

PACER

CONSOLIDATED MEMBER CASE: Create association to 1:20-cv-08924-CM. (cf)

April 29, 2021

April 29, 2021

PACER

CONSOLIDATED MEMBER CASE: Create association to 1:20-cv-08924-CM. (cf)

April 29, 2021

April 29, 2021

PACER

Case Consolidation - Member

April 29, 2021

April 29, 2021

PACER

Case Consolidation - Member

April 29, 2021

April 29, 2021

PACER
7

ORDER CONSOLIDATING AND STAYING NEWLY FILED CASE: The new case was filed as "related" to the existing cases, and the Assignment Committee has concluded that the new case should be assigned to me. It is, therefore, consolidated into the consolidated matter entitled "In re: New York City Policing During Summer 2020 Demonstrations." (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 4/29/2021) Filed In Associated Cases: 1:20-cv-08924-CM et al. (cf) (Entered: 04/29/2021)

April 29, 2021

April 29, 2021

RECAP
7

ORDER CONSOLIDATING AND STAYING NEWLY FILED CASE: The new case was filed as "related" to the existing cases, and the Assignment Committee has concluded that the new case should be assigned to me. It is, therefore, consolidated into the consolidated matter entitled "In re: New York City Policing During Summer 2020 Demonstrations." (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 4/29/2021) Filed In Associated Cases: 1:20-cv-08924-CM et al. (cf) (Entered: 04/29/2021)

April 29, 2021

April 29, 2021

RECAP

CASE ACCEPTED AS RELATED. Create association to 1:21-cv-00322-CM. Notice of Assignment to follow. (aea)

April 29, 2021

April 29, 2021

PACER

Case Accepted as Related

April 29, 2021

April 29, 2021

PACER

Notice of Case Assignment/Reassignment

April 29, 2021

April 29, 2021

PACER

NOTICE OF CASE REASSIGNMENT to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (aea)

April 29, 2021

April 29, 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. (aea)

April 29, 2021

April 29, 2021

PACER

Case Designation

April 29, 2021

April 29, 2021

PACER

CONSOLIDATED MEMBER CASE: Create association to 1:20-cv-08924-CM. (cf)

April 29, 2021

April 29, 2021

PACER

Case Consolidation - Member

April 29, 2021

April 29, 2021

PACER
7

ORDER CONSOLIDATING AND STAYING NEWLY FILED CASE: The new case was filed as "related" to the existing cases, and the Assignment Committee has concluded that the new case should be assigned to me. It is, therefore, consolidated into the consolidated matter entitled "In re: New York City Policing During Summer 2020 Demonstrations." (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 4/29/2021) Filed In Associated Cases: 1:20-cv-08924-CM et al. (cf) (Entered: 04/29/2021)

April 29, 2021

April 29, 2021

RECAP
8

PROPOSED STIPULATION AND ORDER. 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..(Stecklow, Wylie) (Entered: 05/10/2021)

May 10, 2021

May 10, 2021

PACER
8

PROPOSED STIPULATION AND ORDER. 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..(Stecklow, Wylie) (Entered: 05/10/2021)

May 10, 2021

May 10, 2021

PACER
8

PROPOSED STIPULATION AND ORDER. 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..(Stecklow, Wylie) (Entered: 05/10/2021)

May 10, 2021

May 10, 2021

PACER
9

DECLARATION of Defense Counsel in Support re: (62 in 1:20-cv-10541-CM, 16 in 1:21-cv-01904-CM, 64 in 1:21-cv-00533-CM, 105 in 1:20-cv-08924-CM, 54 in 1:20-cv-10291-CM, 69 in 1:21-cv-00322-CM) MOTION Pursuant to Rule 12(b)(1) and Rule 12(b)(6) of the Federal Rules of Civil Procedure re: (38 in 1:20-cv-10291-CM) Amended Complaint, (54 in 1:20-cv-08924-CM) Amended Complaint,, (48 in 1:20-cv-10541-CM) Amended Complaint, (1 in 1:21-cv-019. Document filed by City of New York, Bill De Blasio, Terence Monahan, Dermot Shea. (Attachments: # 1 Exhibit I, # 2 Exhibit J, # 3 Exhibit K)Filed In Associated Cases: 1:20-cv-08924-CM et al..(Goykadosh, Brachah) (Entered: 05/14/2021)

1 Exhibit I

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2 Exhibit J

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3 Exhibit K

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May 14, 2021

May 14, 2021

PACER
9

DECLARATION of Defense Counsel in Support re: (62 in 1:20-cv-10541-CM, 16 in 1:21-cv-01904-CM, 64 in 1:21-cv-00533-CM, 105 in 1:20-cv-08924-CM, 54 in 1:20-cv-10291-CM, 69 in 1:21-cv-00322-CM) MOTION Pursuant to Rule 12(b)(1) and Rule 12(b)(6) of the Federal Rules of Civil Procedure re: (38 in 1:20-cv-10291-CM) Amended Complaint, (54 in 1:20-cv-08924-CM) Amended Complaint,, (48 in 1:20-cv-10541-CM) Amended Complaint, (1 in 1:21-cv-019. Document filed by City of New York, Bill De Blasio, Terence Monahan, Dermot Shea. (Attachments: # 1 Exhibit I, # 2 Exhibit J, # 3 Exhibit K)Filed In Associated Cases: 1:20-cv-08924-CM et al..(Goykadosh, Brachah) (Entered: 05/14/2021)

1 Exhibit I

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2 Exhibit J

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3 Exhibit K

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May 14, 2021

May 14, 2021

PACER
10

REPLY MEMORANDUM OF LAW in Support re: (62 in 1:20-cv-10541-CM, 16 in 1:21-cv-01904-CM, 64 in 1:21-cv-00533-CM, 105 in 1:20-cv-08924-CM, 54 in 1:20-cv-10291-CM, 69 in 1:21-cv-00322-CM) MOTION Pursuant to Rule 12(b)(1) and Rule 12(b)(6) of the Federal Rules of Civil Procedure re: (38 in 1:20-cv-10291-CM) Amended Complaint, (54 in 1:20-cv-08924-CM) Amended Complaint,, (48 in 1:20-cv-10541-CM) Amended Complaint, (1 in 1:21-cv-019 . Document filed by City of New York, Bill De Blasio, Terence Monahan, Dermot Shea. Filed In Associated Cases: 1:20-cv-08924-CM et al..(Goykadosh, Brachah) (Entered: 05/14/2021)

May 14, 2021

May 14, 2021

PACER

Case Details

State / Territory: New York

Case Type(s):

Policing

Special Collection(s):

Police Violence Protests

Key Dates

Filing Date: March 24, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Six private individuals who attended racial justice protests in various neighborhoods of New York City in the summer of 2020.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of New York (New York City), City

New York Police Department (New York City), None

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Unreasonable search and seizure

Freedom of speech/association

Equal Protection

Available Documents:

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Pattern or Practice

Jails, Prisons, Detention Centers, and Other Institutions:

Over/Unlawful Detention (facilities)

Policing:

Excessive force

Pepper/OC Spray (policing)

Restraints : physical (policing)