Case: Datz v. Suffolk County

2:12-cv-01770 | U.S. District Court for the Eastern District of New York

Filed Date: April 11, 2012

Closed Date: 2014

Clearinghouse coding complete

Case Summary

On April 4th, 2012, a professional video journalist filed a lawsuit in the United States Eastern District of New York against Suffolk County and one of its police officers, alleging violations of the plaintiff's rights under the First, Fourth, and Fourteenth Amendments, the Privacy Protection Act, and state law. The plaintiff, represented by the New York Civil Liberties Union and private attorneys, asked the court for a declaratory judgment, compensatory damages, punitive damages, injunctive, a…

On April 4th, 2012, a professional video journalist filed a lawsuit in the United States Eastern District of New York against Suffolk County and one of its police officers, alleging violations of the plaintiff's rights under the First, Fourth, and Fourteenth Amendments, the Privacy Protection Act, and state law. The plaintiff, represented by the New York Civil Liberties Union and private attorneys, asked the court for a declaratory judgment, compensatory damages, punitive damages, injunctive, and attorney's fees.

Specifically, the plaintiff claimed that while filming a police proceeding, the defendant police officer ordered him to "go away." The plaintiff then moved to another public area farther away and continued filming, at which point the defendant police officer drove his car towards plaintiff, allegedly causing plaintiff to fear for his safety. The defendant police officer then arrested the plaintiff and confiscated his camera and other belongings. The plaintiff was detained for approximately two hours at the police station. The complaint also argued the defendant police officer's actions were the result of a department policy to engage in such unconstitutional behavior.

The parties engaged in discovery throughout 2012 and 2013, and a trial was scheduled for June 9, 2014. Before trial could take place, the parties reached a settlement agreement. The parties presented the proposed settlement agreement to the Suffolk County Legislature, as required for municipal settlements by local rules, and the Legislature authorized the settlement and payment on May 8, 2014. The parties executed a stipulation of dismissal without prejudice on May 15, 2014.

In consideration for the plaintiff’s release of all claims against the defendants, Suffolk County paid $200,000, including attorney’s fees and costs. The agreement also outlined Department General Orders issued by the Suffolk County Police Department (SCPD), including one relating to interacting with and releasing information to the media, one relating to bystanders at police incidents, one relating to recorded media in the possession of bystanders and media personnel, and one relating to dispute resolution between SCPD and members of the media arising out of or in connection with news media coverage at scenes of police activity. The SCPD also instituted a video training module addressing the rules and procedures of the SCPD and the constitutional right of the public and press to observe, photograph, and record police activity in locations open to the public. Suffolk County, through SCPD, was also to form a Police-Media Relations Committee to enhance communications between the SCPD and the media.

Magistrate Judge William D. Wall entered the stipulation and order of settlement on July 22, 2014. The case is now closed.

Summary Authors

James Herr (2/24/2014)

Sarah McDonald (8/13/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4321624/parties/datz-v-milton/


Judge(s)
Attorney for Plaintiff

Balin, Robert D. (New York)

Bayard, Samuel (New York)

Attorney for Defendant

Davis, Brian J. (New York)

Dunne, Richard T. (New York)

Flynn, Susan (New York)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document

2:12-cv-01770

Docket [Pacer]

July 22, 2014

July 22, 2014

Docket
1

2:12-cv-01770

Complaint [Trail by Jury Demanded]

Datz v. Milton et al

April 11, 2012

April 11, 2012

Complaint
42

2:12-cv-01770

Stipulation and Order of Settlement

Datz v. Milton

July 22, 2014

July 22, 2014

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4321624/datz-v-milton/

Last updated Jan. 27, 2024, 3:23 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against County of Suffolk, Michael Milton Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Philip Datz. (Attachments: # 1 Civil Cover Sheet) (Padilla, Kristin) (Entered: 04/13/2012)

1 Civil Cover Sheet

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April 11, 2012

April 11, 2012

RECAP

Summons Issued as to County of Suffolk, Michael Milton. (Padilla, Kristin)

April 11, 2012

April 11, 2012

PACER

FILING FEE: $ 350.00, receipt number 4653042365 (Padilla, Kristin)

April 11, 2012

April 11, 2012

PACER

Case Ineligible for Arbitration (Bollbach, Jean)

April 16, 2012

April 16, 2012

PACER
2

SUMMONS Returned Executed by Philip Datz. Michael Milton served on 4/13/2012, answer due 5/4/2012. (Balin, Robert) (Entered: 04/19/2012)

April 19, 2012

April 19, 2012

PACER
3

SUMMONS Returned Executed by Philip Datz. County of Suffolk served on 4/13/2012, answer due 5/4/2012. (Balin, Robert) (Entered: 04/19/2012)

April 19, 2012

April 19, 2012

RECAP
4

ANSWER to 1 Complaint by County of Suffolk, Michael Milton. (Dunne, Richard) (Entered: 05/02/2012)

May 2, 2012

May 2, 2012

RECAP
5

PRETRIAL ORDER An initial conference has been tentatively scheduled in this matter. The requirements set forth in the Initial Conference Order have recently changed, and Counsel are directed to carefully read all three documents associated with this entry - the Initial Conference Order, the Proposed Scheduling Order, and the Individual Rules - and to inform the court of their decision pursuant to the new directions in the Initial Conference Order. Ordered by Magistrate Judge William D. Wall on 5/29/2012. (Attachments: # 1 proposed scheduling order, # 2 wdw individual rules) (Hepworth, F.) (Entered: 05/29/2012)

1 proposed scheduling order

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2 wdw individual rules

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May 29, 2012

May 29, 2012

PACER
6

MOTION to Adjourn Conference of 6/26/2012 by Philip Datz. (Balin, Robert) (Entered: 06/21/2012)

June 21, 2012

June 21, 2012

PACER

ORDER granting 6 Motion to Cancel Conference. The scheduling order will be entered. Ordered by Magistrate Judge William D. Wall on 6/21/2012. (Hepworth, F.)

June 21, 2012

June 21, 2012

PACER
7

SCHEDULING ORDER: Discovery deadlines have been set. See attached. A pretrial conference will be held on 4/2/13. Ordered by Magistrate Judge William D. Wall on 6/21/2012. (Hepworth, F.) (Entered: 06/21/2012)

June 21, 2012

June 21, 2012

RECAP
8

MOTION to Compel by Philip Datz. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Balin, Robert) (Entered: 10/01/2012)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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Oct. 1, 2012

Oct. 1, 2012

RECAP
9

RESPONSE to Motion re 8 MOTION to Compel filed by County of Suffolk, Michael Milton. (Dunne, Richard) (Entered: 10/04/2012)

Oct. 4, 2012

Oct. 4, 2012

PACER
10

ORDER granting 8 Motion to Compel. Defendants shall comply with discovery consistent with this Order by 10/12/12. See attached order. Ordered by Magistrate Judge William D. Wall on 10/4/2012. (Disbrow, Sandra) (Main Document 10 replaced on 10/4/2012) (Disbrow, Sandra). (Entered: 10/04/2012)

Oct. 4, 2012

Oct. 4, 2012

RECAP
11

MOTION to Amend/Correct/Supplement 10 Order on Motion to Compel, by Philip Datz. (Balin, Robert) (Entered: 10/09/2012)

Oct. 9, 2012

Oct. 9, 2012

PACER
12

REPLY in Opposition re 11 MOTION to Amend/Correct/Supplement 10 Order on Motion to Compel, filed by County of Suffolk, Michael Milton. (Dunne, Richard) (Entered: 10/11/2012)

Oct. 11, 2012

Oct. 11, 2012

RECAP

Electronic ORDER granting 11 Motion to Amend the Order 10 of 10/4/12 to the extent that objections to the document demands, except those based on privilege, have been waived. Ordered by Magistrate Judge William D. Wall on 10/11/2012. (Disbrow, Sandra)

Oct. 11, 2012

Oct. 11, 2012

PACER
13

MOTION to Compel Defendant Michael Milton to comply with the Court's October 4, 2012 Order (as amended October 11, 2012) by responding fully to all outstanding discovery requests and producing documents, without objections within 7 days. by Philip Datz. (Balin, Robert) (Entered: 12/21/2012)

Dec. 21, 2012

Dec. 21, 2012

PACER
14

RESPONSE to Motion re 13 MOTION to Compel Defendant Michael Milton to comply with the Court's October 4, 2012 Order (as amended October 11, 2012) by responding fully to all outstanding discovery requests and producing documents, without objections within 7 days. Letter in opposition to motion filed by County of Suffolk. (Flynn, Susan) (Entered: 12/24/2012)

Dec. 24, 2012

Dec. 24, 2012

PACER
15

REPLY to Response to Motion re 13 MOTION to Compel Defendant Michael Milton to comply with the Court's October 4, 2012 Order (as amended October 11, 2012) by responding fully to all outstanding discovery requests and producing documents, without objections within 7 days. filed by Philip Datz. (Balin, Robert) (Entered: 12/27/2012)

Dec. 27, 2012

Dec. 27, 2012

PACER
16

MOTION to Compel for an order (a) directing Suffolk County to produce all documents responsive to Requests 1,2,3,5,15-17, 18-22,23-34 and 27 and to fully answer Interrogatories 1,2,3,4,5,6,7,9,10,11,13 and 14 within 7 days: and (b) awarding plainitff, pursuant to FRCP 37(d), reasonable attorneys' fees and costs for all time spent since September 2012 in seeking to secure the County's compliance with the discovery requests. by Philip Datz. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H) (Balin, Robert) (Entered: 12/27/2012)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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Dec. 27, 2012

Dec. 27, 2012

PACER

PRETRIAL ORDER re 13 MOTION to Compel, 14 Response to Motion, filed by County of Suffolk, 16 MOTION to Compel. A motion hearing will be held on 1/4/13 at 11:30 a.m. Defense counsel must inform defendant Michael Milton of the conference, and Mr. Milton must attend. The parties are advised that Mr. Dunne is still the attorney of record for Mr. Milton. If the defendants intend to replace Mr. Dunne with new counsel from the Suffolk County Department of Law, they must do so prior to the conference, or Mr. Dunne must attend. Any request to adjourn this conference must be filed as a motion and must contain alternative dates acceptable to all attendees during the weeks of January 2 or January 7. Ordered by Magistrate Judge William D. Wall on 12/28/2012. (Hepworth, F.)

Dec. 28, 2012

Dec. 28, 2012

PACER
17

Letter MOTION to Adjourn Conference scheduled for January 4 2013 by County of Suffolk. (Flynn, Susan) (Entered: 01/02/2013)

Jan. 2, 2013

Jan. 2, 2013

PACER
18

RESPONSE to Motion re 16 MOTION to Compel for an order (a) directing Suffolk County to produce all documents responsive to Requests 1,2,3,5,15-17, 18-22,23-34 and 27 and to fully answer Interrogatories 1,2,3,4,5,6,7,9,10,11,13 and 14 within 7 days: and (b) awarding plainit filed by County of Suffolk. (Flynn, Susan) (Entered: 01/02/2013)

Jan. 2, 2013

Jan. 2, 2013

RECAP

ORDER granting 17 Motion to Adjourn Conference to Thursday, 1/10/13 at noon. The court agrees that there has been more than sufficient time to work out the details of Mr. Milton's representation and there will be no further adjournments. Whoever is the attorney of record for Milton on 1/10 must appear on his behalf. If counsel withdraws, Milton must appear pro se. Ordered by Magistrate Judge William D. Wall on 1/3/2013. (Hepworth, F.)

Jan. 3, 2013

Jan. 3, 2013

PACER
19

NOTICE of Appearance by Arlene S. Zwilling on behalf of County of Suffolk, Michael Milton (aty to be noticed) (Zwilling, Arlene) (Entered: 01/03/2013)

Jan. 3, 2013

Jan. 3, 2013

PACER
20

NOTICE of Appearance by Brian J. Davis on behalf of Michael Milton (aty to be noticed) (Disbrow, Sandra) (Entered: 01/10/2013)

Jan. 10, 2013

Jan. 10, 2013

RECAP

Electronic ORDER: In light of the County's representations regarding a conflict in its continued representation of defendant Milton, and the filing of a notice appearance for separate counsel for that defendant, it is directed that the County attorneys shall be terminated from representing Mr. Milton. Attorney Richard T. Dunne and Arlene S. Zwilling terminated. Ordered by Magistrate Judge William D. Wall on 1/10/2013. (Disbrow, Sandra)

Jan. 10, 2013

Jan. 10, 2013

PACER
21

ORDER granting 13 Motion to Compel; granting 16 Motion to Compel, both to the extent that all defendants shall comply with all outstanding discovery demands no later than February 28, 2013. The court reserves decision on the imposition of sanctions at this time. Remaining deadlines and the pretrial conference date will be adjusted at the next conference on 3/5/13 at 11:00 a.m. Ordered by Magistrate Judge William D. Wall on 1/10/2013. (Hepworth, F.) (Entered: 01/10/2013)

Jan. 10, 2013

Jan. 10, 2013

PACER
22

Letter to Judge Wexler re Answer by Michael Milton (Davis, Brian) (Entered: 01/11/2013)

Jan. 11, 2013

Jan. 11, 2013

RECAP
23

MOTION for Discovery Confidentiality Stipulation by Philip Datz. (Attachments: # 1 Confidentiality Stipulation and Proposed Order) (Balin, Robert) (Entered: 02/01/2013)

1 Confidentiality Stipulation and Proposed Order

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Feb. 1, 2013

Feb. 1, 2013

PACER

ORDER granting 23 Motion for Discovery. The Confidentiality Stipulation and Protective Order is adopted and so ordered (Hepworth, F.)

Feb. 5, 2013

Feb. 5, 2013

PACER
24

Letter by Philip Datz (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Balin, Robert) (Entered: 03/04/2013)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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March 4, 2013

March 4, 2013

PACER
25

Minute Entry for proceedings held before Magistrate Judge William D. Wall:Status Conference held on 3/5/2013. Amended Scheduling Order will be entered (Hepworth, F.) (Entered: 03/05/2013)

March 5, 2013

March 5, 2013

RECAP
26

SCHEDULING ORDER: New discovery deadlines have been established. See attached. The pretrial conference scheduled for 4/2/13 is canceled. The pretrial conference will be held on 12/4/13. Ordered by Magistrate Judge William D. Wall on 3/5/2013. (Hepworth, F.) (Entered: 03/05/2013)

March 5, 2013

March 5, 2013

RECAP
27

NOTICE of Change of Address by Alison Brooke Schary (Schary, Alison) (Entered: 03/08/2013)

March 8, 2013

March 8, 2013

PACER

NOTICE of Hearing: Jury Selection set for 6/9/2014 09:30 AM in Courtroom 940 before Judge Leonard D. Wexler. Trial date to be determined. NO ADJOURNMENTS. (Russo, Eric)

Aug. 14, 2013

Aug. 14, 2013

PACER
28

Joint MOTION for Extension of Time to File Dispositive Motions by Philip Datz. (Balin, Robert) (Entered: 10/30/2013)

Oct. 30, 2013

Oct. 30, 2013

RECAP

ORDER granting 28 Motion for Extension of Time to File dispositive motions, from 11/8/13 to 2/6/14. The pretrial conference scheduled for 12/4/13 is adjourned to April 17, 2014 at 11:30 a.m. Ordered by Magistrate Judge William D. Wall on 10/31/2013. (Hepworth, F.)

Oct. 31, 2013

Oct. 31, 2013

PACER
29

Joint MOTION for Extension of Time to File Dispositive Motions by Philip Datz. (Balin, Robert) (Entered: 01/27/2014)

Jan. 27, 2014

Jan. 27, 2014

RECAP

ORDER granting 29 Motion for Extension of Time. There will be no further extensions of this deadline. If the parties wish to schedule a settlement conference, they should contact the undersigned's chambers at 631-712-5720 to discuss possible dates. The pretrial conference will go forward on April 17, 2014 as previously scheduled. Ordered by Magistrate Judge William D. Wall on 1/28/2014. (Hepworth, F.)

Jan. 28, 2014

Jan. 28, 2014

PACER

NOTICE of Hearing: Parties are hereby reminded that Jury Selection is set for 6/9/2014 at 09:30 AM in Courtroom 940 before Judge Leonard D. Wexler. Trial date to be determined. NO ADJOURNMENTS. (Russo, Eric)

Jan. 28, 2014

Jan. 28, 2014

PACER

Electronic ORDER: Due to a change in the court's calendar, the pretrial conference scheduled for 4/17/14 is adjourned to 4/24/14 at 10:30 a.m. Any request for a further, brief adjournment of this proceeding must be electronically filed as a "Motion" and must include proposed alternative dates acceptable to all parties. Ordered by Magistrate Judge William D. Wall on 3/19/2014. (Disbrow, Sandra)

March 19, 2014

March 19, 2014

PACER
30

Letter Pursuant to Rule 2.B of Judge Wexler's Individual Rules requesting a pre-motion conference by Philip Datz (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Balin, Robert) (Entered: 03/20/2014)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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March 20, 2014

March 20, 2014

PACER
31

MOTION to Adjourn Conference and Pretrial Order by Philip Datz. (Balin, Robert) (Entered: 04/02/2014)

April 2, 2014

April 2, 2014

RECAP

SCHEDULING ORDER re 30 Letter filed by Philip Datz: A pre-motion conference with respect to Plaintiff's anticipated motion for summary judgment will be held on April 7, 2014 at 11:00 a.m. in Courtroom 940, Alfonse M. D'Amato U.S. Courthouse, Central Islip, New York. All counsel shall appear. So Ordered by Judge Leonard D. Wexler on 4/3/2014. (Minerva, Deanna)

April 3, 2014

April 3, 2014

PACER

ORDER granting 31 Motion to Adjourn Conference from April 24, 2014 to April 28, 2014 at 11:30 a.m. To the extent that the motion sought an adjournment of submission of the joint proposed pretrial order until after the motion for summary judgment is decided, the motion is denied. Judge Wexler requires submission of the JPPO even when a motion for summary judgment is anticipated or pending. Ordered by Magistrate Judge William D. Wall on 4/3/2014. (Hepworth, F.)

April 3, 2014

April 3, 2014

PACER

SCHEDULING ORDER re 30 Letter filed by Philip Datz: Pursuant to the pre-motion conference held today in chambers, Plaintiff shall serve, but not file, his motion for summary judgment by May 7, 2014. Defendants shall serve, but not file, their opposition by May 28, 2014. Plaintiff shall serve his reply, and all parties shall electronically file their own motion papers, on June 4, 2014. No motion papers shall be filed on ECF prior to the reply date. The moving party shall provide chambers with a courtesy copy of the entire fully-briefed motion once it is electronically filed. So Ordered by Judge Leonard D. Wexler on 4/7/2014. (Minerva, Deanna)

April 7, 2014

April 7, 2014

PACER
32

Minute Entry for proceedings held before Judge Leonard D. Wexler: In camera Pre Motion Conference held on 4/7/2014. Plaintiff(s) represented by Robert D. Balin, Esq. Defendant(s) represented by Brian J. Davis, Esq. and Susan A. Flynn, Esq. Parties agree to a briefing schedule as to Plaintiffs Motion for Summary Judgment. See additional SCHEDULING ORDER dated 4/7/2014 for filing deadlines. Proceedings concluded. (Russo, Eric) (Entered: 04/07/2014)

April 7, 2014

April 7, 2014

RECAP
33

Proposed Pretrial Order by Philip Datz (Attachments: # 1 Exhibit A) (Balin, Robert) (Entered: 04/24/2014)

1 Exhibit A

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April 24, 2014

April 24, 2014

PACER

Minute Entry for proceedings held before Magistrate Judge William D. Wall:Interim Pretrial Conference held on 4/28/2014 (Hepworth, F.)

April 28, 2014

April 28, 2014

PACER
34

PRETRIAL ORDER A telephone conference will be held on May 9, 2014 at 10:30 a.m. Ordered by Magistrate Judge William D. Wall on 4/28/2014. (Hepworth, F.) (Entered: 04/28/2014)

April 28, 2014

April 28, 2014

PACER
35

Minute Entry for proceedings held before Magistrate Judge William D. Wall:Telephone Conference held on 5/09/2014. The case has settled and the parties will file a stipulation of discontinuance with the district judge. (Hepworth, F.) (Entered: 05/12/2014)

May 12, 2014

May 12, 2014

PACER
36

STIPULATION of Dismissal by Philip Datz (Balin, Robert) (Entered: 05/15/2014)

May 15, 2014

May 15, 2014

PACER
37

STIPULATION AND ORDER OF DISMISSAL WITHOUT PREJUDICE re: 36 STIPULATION of Dismissal; That pursuant to Rule 4l(a)(l)(A)(ii) of the Federal Rules of Civil Procedure, the Parties stipulate and agree that the above-captioned action shall be and is dismissed without prejudice, and with each Party to bear its own costs and attorneys' fees. (Ordered by Judge Leonard D. Wexler on 5/20/2014.) (Fagan, Linda) (Entered: 05/21/2014)

May 20, 2014

May 20, 2014

PACER
38

SETTLEMENT AGREEMENT with Letter to Hon. Judge Wexler by County of Suffolk (Attachments: # 1 Fully Executed Settlement Agreement, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F) (Flynn, Susan) (Entered: 06/24/2014)

1 Fully Executed Settlement Agreement

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

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June 24, 2014

June 24, 2014

PACER

SCHEDULING ORDER re 38 Settlement Agreement, filed by County of Suffolk: All counsel, including County Attorney Dennis Brown, are directed to appear on July 9, 2014 at 10:30 a.m. in Courtroom 940, Alfonse M. D'Amato U.S. Courthouse, Central Islip, New York. So Ordered by Judge Leonard D. Wexler on 7/1/2014. (Minerva, Deanna)

July 1, 2014

July 1, 2014

PACER
39

MOTION to Adjourn Conference scheduled for July 9, 2014 by County of Suffolk. (Flynn, Susan) (Entered: 07/02/2014)

July 2, 2014

July 2, 2014

PACER

ORDER granting 39 Motion to Adjourn Conference: The status conference scheduled for July 9, 2014 is adjourned to July 16, 2014 at 11:00 a.m. So Ordered by Judge Leonard D. Wexler on 7/2/2014. (Minerva, Deanna)

July 2, 2014

July 2, 2014

PACER

PRETRIAL ORDER The parties will present their settlement papers for signing on Tuesday, July 22 at 11:30 a.m. in Courtroom 820. Ordered by Magistrate Judge William D. Wall on 7/16/2014. (Hepworth, F.)

July 16, 2014

July 16, 2014

PACER
40

Minute Entry for proceedings held before Judge Leonard D. Wexler: In camera Status Conference held on 7/16/2014. Plaintiff(s) represented by Robert D. Balin, Esq. Defendant(s) represented by Brian J. Davis, Esq. and Susan A. Flynn, Esq. Parties are hereby directed to appear before Magistrate Judge William D. Wall to finalize settlement agreement. Proceedings concluded. (Russo, Eric) (Entered: 07/17/2014)

July 16, 2014

July 16, 2014

PACER
41

Minute Entry for proceedings held before Magistrate Judge William D. Wall:Settlement Conference held on 7/22/2014 and proposed settlement approved (Hepworth, F.) (Entered: 07/22/2014)

July 22, 2014

July 22, 2014

PACER
42

STIPULATION AND ORDER OF SETTLEMENT; In consideration for plaintiff's Release of Claims against all Defendants and other provisions set forth herein, the Parties agree as follows: (a) The undersigned Counsel for the Parties have executed this Stipulation of Settlement and Order on May 6, 2014. Defendant Suffolk County shall pay Plaintiff the sum of $200,000 (the "Settlement Payment"), inclusive of attorney's fees and costs, subject to approval of the terms of the within Settlement (i) by the Ways and Means Committee of the Suffolk County Legislature, and approval of any necessary bonding for the settlement payment by the full Suffolk County Legislature (collectively, the "Legislative Approval Process"), and thereafter (ii) by the Court pursuant to General Municipal Law 6-n(9)(b); and as further set forth herein. (Ordered by Judge Leonard D. Wexler on 7/22/2014.) (Fagan, Linda) (Entered: 07/22/2014)

July 22, 2014

July 22, 2014

PACER

Case Details

State / Territory: New York

Case Type(s):

Policing

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: April 11, 2012

Closing Date: 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A professional photojournalist was filming police activity. After being told by defendant to "go away," plaintiff moved down the street and continued filming, at which point defendant arrested plaintiff and seized his camera and video tape.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Suffolk County (Suffolk), County

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

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

Constitutional Clause(s):

Due Process

Unreasonable search and seizure

Freedom of speech/association

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 200,000

Issues

General:

Failure to train

Over/Unlawful Detention

Pattern or Practice

Policing:

Excessive force

False arrest