On behalf of the residents of New York, New York Attorney General Letitia James brought this lawsuit against the New York City Police Department on January 14, 2021 in the Southern District of New York. The complaint alleged that NYPD officers regularly used excessive force against and falsely arrested peaceful protesters exercising their First Amendment rights during the widespread racial justice protests that took place from May 28, 2020 to December 11, 2020. The plaintiff sued all defendants under 42 U.S.C § 1983 alleging excessive force and unlawful seizure in violation of the Fourth and Fourteenth Amendments, as well as First Amendment violations. The Attorney General also brought claims under the New York State Constitution alleging excessive force, unlawful seizure, and violation of the freedom of the press. In addition, the complaint alleges that NYPD officers committed assault, battery, false arrest and imprisonment, and negligence under state law and that the NYPD failed to use reasonable care in the training, supervision, and retention of NYPD officers.

Plaintiff alleged that the NYPD dispatched thousands of inadequately trained officers to the large-scale protests challenging police conduct and authority. It further alleged that those officers employed unconstitutional policing practices, including ramming protesters with police bicycles; striking protesters with batons and fists; indiscriminately pepper spraying protesters; shoving protesters to the ground and using chokeholds or kneeling on protesters; “kettling” protesters in order to deny them an opportunity to disperse and thereafter executing mass arrests; and arresting curfew-exempt essential workers, including legal observers, medics, and jail support providers. Additionally, plaintiff alleged that New York City failed to prevent or correct the NYPD’s use of unconstitutional policing practices during the protests.

Plaintiff sought declaratory relief as well as injunctive relief enjoining the NYPD from implementing or applying its unconstitutional policies or practices of employing excessive force, false arrests, and retaliatory tactics against New York residents who participated in the 2020 racial justice protests. Plaintiff also sought an order required the NYPD to change its policies and training procedures and monitoring to ensure its compliance. In addition, Plaintiff sought fees and any other relief the Court deemed just and proper.

The case was related to Payne v. De Blasio and assigned to Judge Colleen McMahon on January 19, 2021. Judge McMahon consolidated this case with three other police conduct cases (Payne, Sow v. City of New York, and Wood v. De Blasio) for pre-trial purposes. In early March, the Detectives Endowment Association of New York City and the Police Benevolent Association of the City of New York moved to intervene in the case. Plaintiffs filed an amended complaint on March 5, 2021, detailing additional specific incidents in support of their earlier allegations and further alleging that the NYPD interfered with the right of journalists, legal observers, and the public to observe and report upon police behavior. As of March 7, 2021, the case remains pending in the District Court with responsive pleadings due by March 26, 2021.

Rachel Harrington - 03/16/2021
Rachel Harrington - 04/15/2021


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