Case: Payne v. de Blasio

1:20-cv-08924 | U.S. District Court for the Southern District of New York

Filed Date: Oct. 26, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

This suit was filed by eleven New York residents against the City of New York and the New York City Police Department on October 26, 2020 in the U.S. District Court for the Southern District of New York. Represented by the New York Civil Liberties Union and the Legal Aid Society, the plaintiffs sued under 42 U.S.C. § 1983 alleging excessive force and unlawful seizure in violation of the Fourth Amendment, as well as retaliation for the exercise of First Amendment rights. The plaintiffs also brou…

This suit was filed by eleven New York residents against the City of New York and the New York City Police Department on October 26, 2020 in the U.S. District Court for the Southern District of New York. Represented by the New York Civil Liberties Union and the Legal Aid Society, the plaintiffs sued under 42 U.S.C. § 1983 alleging excessive force and unlawful seizure in violation of the Fourth Amendment, as well as retaliation for the exercise of First Amendment rights. The plaintiffs also brought claims under the New York State Constitution on the same facts. The complaint sought declaratory relief, compensatory and punitive damages, attorneys’ fees and costs, and any other relief the court deemed just and proper.

The complaint alleged that NYPD officers, with the approval of their supervisors, regularly used excessive force against and falsely arrested peaceful protesters during the widespread racial justice protests that took place in the summer of 2020. Two of the plaintiffs attended protests as journalists and one as a medic. The complaint specifically alleged that on different occasions, officers responded to the plaintiffs’ peaceful participation in the protests with violence, including: striking plaintiffs repeatedly with batons; tackling plaintiffs to the ground and pinning them with their bodies; indiscriminately pepper spraying plaintiffs; threatening plaintiffs with tasers; punching and kicking plaintiffs; tightly zip-tying or handcuffing plaintiffs’ wrists for extended periods of time, causing significant pain; and kettling plaintiffs to prevent their compliance with curfew. According to the complaint, the actions taken by officers resulted in lacerations, fractures, nerve damage, bruising, abrasions, head injuries, debilitating pain, and emotional distress to the plaintiffs and other protesters.

In addition, the complaint alleged that several of the plaintiffs were arrested and held without cause in unclean, overcrowded cells, without any medical assistance to treat their injuries. The plaintiffs further alleged that, despite the ongoing COVID-19 pandemic, police officers responding to protests frequently failed to wear masks or to assist detained protesters in covering their noses and mouths, exposing protesters to a heightened risk of contracting COVID-19. One plaintiff also alleged that NYPD officers intentionally humiliated the plaintiff by repeatedly misgendering them.

The case was assigned to Judge Colleen McMahon. On January 13, 2021, the court consolidated this case with another action stemming from the same protests, Wood v. de Blasio. Over the following months, Judge McMahon eventually consolidated this case for pretrial purposes with eight later-filed police conduct cases related to the 2020 racial justice protests (People of New York v. New York, Sow v. City of New York, Sierra v. City of New York, Yates v. New York City, Rolon v. City of New York, Gray v. City of New York, and Hernandez v. City of New York) and captioned the consolidated cases “In re: New York City Policing During 2020 Demonstrations,” with this case serving as the lead case and all discovery-related issues docketed here.

On February 4, 2021, the case was referred to Magistrate Judge Gabriel W. Gorenstein. The plaintiffs filed an amended complaint on March 5, adding a request for injunctive relief ordering the defendants to take appropriate steps to refrain from using the unconstitutional policies and practices alleged in the complaint.

Also in early March, the Police Benevolent Association of the City of New York (PBA), the Sergeants Benevolent Association of New York City, and the Detectives Endowment Association of New York City moved to intervene in some or all of the consolidated cases. On April 28, 2021, Judge McMahon denied all three of the unions’ motions to intervene without prejudice for renewal, reasoning that until the litigation reached a point at which a settlement or injunctive relief was more than merely speculative, the unions were not facing any “practical impact” sufficient to warrant intervention. The PBA appealed. On March 4, 2022, the U.S. Court of Appeals for the Second Circuit affirmed in part and reversed in part the trial court’s decision, holding that the PBA’s interest in officer safety was a cognizable interest that warranted intervention in the actions seeking declaratory and injunctive relief, but not in the actions seeking monetary damages only. On remand, the trial court was instructed to grant the PBA’s motion to intervene. The motion was granted in June 2022.

While the appeal was pending before the circuit court, litigation proceeded in the district court. On March 26, 2021, the City of New York moved to dismiss all claims in the then-consolidated cases (Payne, Sierra, Wood, People, Sow, and Yates), arguing that the plaintiffs lacked standing, failed to state a claim for municipal liability, and failed to state a claim for supervisory liability. They further argued that the claims against the named defendants in their individual capacities were redundant and that, in any case, the individual defendants were shielded by qualified immunity. 

On July 9, 2021, the court granted the motion to dismiss in part and denied it in part. All claims against Mayor de Blasio, Police Commissioner Shea, and Police Chief Monahan in their official capacities were dismissed as redundant in the face of the claims made against the municipality. Judge McMahon also dismissed all claims against Commissioner Shea in his individual capacity, citing a lack of any indication in the record that he was personally involved in violating the plaintiffs’ constitutional rights. The court further held that the curfew orders issued and enforced by the City during the protests were lawful, and therefore dismissed all of the claims made by the Sow plaintiffs relating to the curfew. The court denied the motion as to the remaining claims in all cases and allowed those claims to proceed.

The parties proceeded with discovery and brought a number of discovery disputes before the court. On February 18, 2022, the court found that the NYPD had violated two discovery orders and imposed a sanction, ordering the NYPD to pay attorneys' fees for the parties bringing the issue to the court's attention. While the parties were engaged in discovery, on March 11, 2022, the court entered a judgment in Yates for $15,001, plus reasonable attorneys’ fees, expenses, and costs. On May 11, 2022, the court dissolved a stay in Rolon, allowing the Rolon plaintiffs to participate on equal footing with the remaining plaintiffs in the consolidated case.

On July 7, 2022, the plaintiffs and defendants requested a referral from Judge McMahon to the S.D.N.Y. mediation program, which the court granted. Mediation conferences began in July 2022. On September 15, 2022, the court granted the Sierra and Wood plaintiffs’ motion to file a consolidated and amended class action complaint. The amended complaint removed the request for declaratory relief, leaving monetary damages as the only form of relief. On February 28, 2023, the Sierra and Wood moved for approval of a settlement agreement, which the court granted on March 3, 2023. For details of the settlement agreement, see Sierra and Wood in the Clearinghouse.

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

Summary Authors

Rachel Harrington (4/15/2021)

Ethan Haughie (2/11/2022)

Kady Matsuzaki (2/24/2023)

Related Cases

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)

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/18571382/parties/in-re-new-york-city-policing-during-summer-2020-demonstrations/


Judge(s)
Attorney for Plaintiff

Aboushi, Tahanie Ahmad (New York)

Adams, Katherine (New York)

Appling, Rigodis (New York)

Arena, Marc (New York)

Attorney for Defendant
Expert/Monitor/Master/Other

Acquisto, Marykate (New York)

Judge(s)

Gorenstein, Gabriel W. (New York)

McMahon, Colleen (New York)

Attorney for Plaintiff

Aboushi, Tahanie Ahmad (New York)

Adams, Katherine (New York)

Appling, Rigodis (New York)

Arena, Marc (New York)

Azizi, Deema (New York)

Azmi, Nimra (New York)

Balin, Robert D. (New York)

Biklen, Molly Knopp (New York)

Calzada, Alicia (New York)

Clark, Jason Myles (New York)

Clarke, Lance A (New York)

Clarke, Jessica (New York)

Cohen, Elena L (New York)

Droubi, Luna (New York)

Duffy, Conor P. (New York)

Dunn, Christopher (New York)

England, Travis William (New York)

Everdell, Abigail Bain (New York)

Faherty, Colleen Kelly (New York)

Fajana, Morenike (New York)

Farley, Kathleen (New York)

Frick, Alison Ellis (New York)

Green, J Remy (New York)

Green, Remy (New York)

Green [inactive], Remy (New York)

Grodin, Jaclyn Hillary (New York)

Grossman, Perry (New York)

Hadley, Margaret (New York)

Hodgson, Robert Andrew (New York)

Lambright, Daniel Ross (New York)

Laplace, Lisa J. (New York)

Levitz, Phillip J (New York)

Lieb, Douglas E. (New York)

Lord, Masai (New York)

Marquez, Lillian (New York)

Marsella, John Anthony (New York)

Massimi, Jessica (New York)

Moore, Jonathan C. (New York)

Morril, Gregory (New York)

Moskovitz, Joshua Samuel (New York)

Oliver, Gideon Orion (New York)

Osterreicher, Mickey H (New York)

Pattiz, Rebecca Leigh (New York)

Perry, Jessica (New York)

Plaintiffs, Coordinated Case (New York)

Powers, Regina (New York)

Prakash, Swati Roopa (New York)

Rankin, David Bruce (New York)

Rickner, Robert Howard (New York)

Salama, Veronica (New York)

Salazar, Paula Garcia (New York)

Saldana, Lois Teresa (New York)

Settelmayer, Alexandra (New York)

Spiegel, Michael L (New York)

Spivack, Daphna (New York)

Stecklow, Wylie M (New York)

Stephan, Keegan (New York)

Stoll, Andrew B. (New York)

Stoughton, Corey (New York)

Trasande, Nancy Milagros (New York)

Wong, Jennvine (New York)

show all people

Documents in the Clearinghouse

Document

1:20-cv-08924

Docket [PACER]

Payne v. De Blasio

March 10, 2021

March 10, 2021

Docket
1

1:20-cv-08924

Complaint and Demand for Jury Trial

Payne v. De Blasio

Oct. 26, 2020

Oct. 26, 2020

Complaint
54

1:20-cv-08924

First Amended Complaint and Demand for Jury Trial

Payne v. De Blasio

March 5, 2021

March 5, 2021

Complaint
94

1:20-cv-08924

First Amended Complaint For Declaratory And Injunctive Relief

People of the State of New York v. City of New York

March 24, 2021

March 24, 2021

Complaint
106

1:20-cv-08924

Memorandum of Law in Support of Defendant's Motion To Dismiss The Amended Complaints

In re: New York City Policing During Summer 2020 Demonstrations

March 26, 2021

March 26, 2021

Pleading / Motion / Brief
134

1:20-cv-08924

Plantiff's Consolidated Memorandum of Law in Opposition to the Defendant's Motion to Dismiss The Amended Complaints

In Re: New York City Policing During Summer 2020 Demonstrations

April 23, 2021

April 23, 2021

Pleading / Motion / Brief
144

1:20-cv-08924

Order on Motion to Intervene AND Order on Motion to Intervene And Order on Motion to Intervene

In Re: New York City Policing During Summer 2020 Demonstrations

April 28, 2021

April 28, 2021

Order/Opinion

537 F.Supp.3d 537

191

1:20-cv-08924

Memorandum Decision And Order Granting In Part And Denying In Part Defendant's Motion To Dismiss The Amended Complaint

In Re: New York City Policing During Summer 2020 Demonstrations

July 9, 2021

July 9, 2021

Order/Opinion

548 F.Supp.3d 548

21-01316

Opinion

Payne v. De Blasio

U.S. Court of Appeals for the Second Circuit

March 4, 2022

March 4, 2022

Order/Opinion

27 F.4th 27

880

1:20-cv-08924

Memorandum of Law in Support of Plaintiffs' Unopposed Motion

Sierra v. City of New York

Feb. 28, 2023

Feb. 28, 2023

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/18571382/in-re-new-york-city-policing-during-summer-2020-demonstrations/

Last updated Feb. 26, 2024, 5:15 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against CITY OF NEW YORK, Doe Caraballo, Bill De Blasio, Jane Doe 1-2, John Doe 1-32, Doe Husband, Doe Manning, Terence Monahan, Doe Rivera, Dermot Shea. (Filing Fee $ 400.00, Receipt Number BNYSDC-22302611)Document filed by Jarrett Payne, Vivian Matthew King-Yarde, Micaela Martinez, Julian Phillips, Jaime Fried, Camila Gini, Andie Mali, Vidal Guzman, Colleen McCormack-Maitland, Charlie Monlouis-Anderle, Nicholas Mulder..(Biklen, Molly) (Entered: 10/26/2020)

Oct. 26, 2020

Oct. 26, 2020

Clearinghouse
2

CIVIL COVER SHEET filed..(Biklen, Molly) (Entered: 10/26/2020)

Oct. 26, 2020

Oct. 26, 2020

RECAP
3

REQUEST FOR ISSUANCE OF SUMMONS as to Mayor Bill de Blasio, re: 1 Complaint,. 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..(Biklen, Molly) (Entered: 10/26/2020)

Oct. 26, 2020

Oct. 26, 2020

RECAP
4

REQUEST FOR ISSUANCE OF SUMMONS as to City of New York, re: 1 Complaint,. 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..(Biklen, Molly) (Entered: 10/26/2020)

Oct. 26, 2020

Oct. 26, 2020

RECAP
5

REQUEST FOR ISSUANCE OF SUMMONS as to Police Commissioner Dermot Shea, re: 1 Complaint,. 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..(Biklen, Molly) (Entered: 10/26/2020)

Oct. 26, 2020

Oct. 26, 2020

PACER
6

REQUEST FOR ISSUANCE OF SUMMONS as to Chief of Department Terence Monahan, re: 1 Complaint,. 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..(Biklen, Molly) (Entered: 10/26/2020)

Oct. 26, 2020

Oct. 26, 2020

PACER

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Molly Knopp Biklen. The party information for the following party/parties has been modified: CITY OF NEW YORK; Officers John Doe 1-32 ; Officers Jane Doe 1-2 ; Officer Doe Rivera ; Officer Doe Husband ; Sergeant Doe Manning ; Sergeant Doe Caraballo. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party role was entered incorrectly; party text was entered erroneously. (dnh)

Oct. 26, 2020

Oct. 26, 2020

PACER

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Colleen McMahon. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(dnh)

Oct. 26, 2020

Oct. 26, 2020

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. (dnh)

Oct. 26, 2020

Oct. 26, 2020

PACER

Case Designated ECF. (dnh)

Oct. 26, 2020

Oct. 26, 2020

PACER
7

ELECTRONIC SUMMONS ISSUED as to Bill De Blasio..(dnh) (Entered: 10/26/2020)

Oct. 26, 2020

Oct. 26, 2020

PACER
8

ELECTRONIC SUMMONS ISSUED as to City of New York..(dnh) (Entered: 10/26/2020)

Oct. 26, 2020

Oct. 26, 2020

PACER
9

ELECTRONIC SUMMONS ISSUED as to Dermot Shea..(dnh) (Entered: 10/26/2020)

Oct. 26, 2020

Oct. 26, 2020

PACER
10

ELECTRONIC SUMMONS ISSUED as to Terence Monahan..(dnh) (Entered: 10/26/2020)

Oct. 26, 2020

Oct. 26, 2020

RECAP
11

LETTER from T. Komatsu, dated 10/26/20 re: I am a U.S. Navy veteran filing this letter to you to request to be granted intervention as of right pursuant to Federal Rule of Civil Procedure Rule 24(a)(2) or permissive intervention pursuant to FRCP Rule 24(b) in order to intervene in the case referenced above as an interested party or to appear in it as an amicus curiae in the alternative. Document filed by T. Komatsu.(sc) Modified on 10/26/2020 (sc). (Entered: 10/26/2020)

Oct. 26, 2020

Oct. 26, 2020

RECAP
12

NOTICE OF APPEARANCE by Corey Stoughton on behalf of 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..(Stoughton, Corey) (Entered: 10/26/2020)

Oct. 26, 2020

Oct. 26, 2020

PACER
13

NOTICE OF APPEARANCE by Jennvine Wong on behalf of 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..(Wong, Jennvine) (Entered: 10/26/2020)

Oct. 26, 2020

Oct. 26, 2020

PACER

Notice to Attorney Regarding Party Modification

Oct. 26, 2020

Oct. 26, 2020

PACER

Case Opening Initial Assignment Notice

Oct. 26, 2020

Oct. 26, 2020

PACER
14

NOTICE OF APPEARANCE by Jessica Perry on behalf of 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..(Perry, Jessica) (Entered: 10/28/2020)

Oct. 28, 2020

Oct. 28, 2020

RECAP
15

NOTICE OF APPEARANCE by Christopher Thomas Dunn on behalf of 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..(Dunn, Christopher) (Entered: 10/28/2020)

Oct. 28, 2020

Oct. 28, 2020

RECAP
16

ORDER SCHEDULING AN INITIAL PRETRIAL CONFERENCE: The parties must participate in a telephone conference on 1/29/2021 at 9:45 a.m. Parties should dial in at 1(888)363-4749, access code (9054506) to join the conference. (And as further set forth herein.) Initial Conference set for 1/29/2021 at 09:45 AM before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 10/28/2020) (jca) (Entered: 10/28/2020)

Oct. 28, 2020

Oct. 28, 2020

RECAP
17

NOTICE OF APPEARANCE by Brachah Goykadosh on behalf of City of New York, Bill De Blasio..(Goykadosh, Brachah) (Entered: 10/29/2020)

Oct. 29, 2020

Oct. 29, 2020

PACER
18

NOTICE OF APPEARANCE by Dara Lynn Weiss on behalf of City of New York, Bill De Blasio..(Weiss, Dara) (Entered: 10/29/2020)

Oct. 29, 2020

Oct. 29, 2020

PACER
19

NOTICE OF APPEARANCE by Elissa Beth Jacobs on behalf of City of New York, Bill De Blasio..(Jacobs, Elissa) (Entered: 10/29/2020)

Oct. 29, 2020

Oct. 29, 2020

PACER
20

SUMMONS RETURNED EXECUTED Summons and Complaint, served. City of New York served on 10/28/2020, answer due 11/18/2020; Bill De Blasio served on 10/28/2020, answer due 11/18/2020; Terence Monahan served on 10/29/2020, answer due 11/19/2020; Dermot Shea served on 10/29/2020, answer due 11/19/2020. Service was accepted by Detective Wazhma Mirza. Service was made by Mail. Document filed by Jarrett Payne; Vivian Matthew King-Yarde; Micaela Martinez; Julian Phillips; Jaime Fried; Camila Gini; Andie Mali; Vidal Guzman; Colleen McCormack-Maitland; Charlie Monlouis-Anderle; Nicholas Mulder..(Biklen, Molly) (Entered: 10/30/2020)

Oct. 30, 2020

Oct. 30, 2020

RECAP
21

LETTER MOTION for Extension of Time Respectfully Requesting that the Court Extend Defendants' Time to Answer or Otherwise Respond to the Complaint to Eighty Days after Receiving the Required Releases from Plaintiffs addressed to Judge Colleen McMahon from Brachah Goykadosh dated November 10, 2020. Document filed by City of New York, Bill De Blasio..(Goykadosh, Brachah) (Entered: 11/10/2020)

Nov. 10, 2020

Nov. 10, 2020

RECAP
22

ORDER granting 21 Letter Motion for Extension of Time. OK, the conference is also cancelled. (Signed by Judge Colleen McMahon on 11/12/2020) (mml) (Entered: 11/13/2020)

Nov. 13, 2020

Nov. 13, 2020

RECAP
23

NOTICE OF APPEARANCE by Daniel Ross Lambright on behalf of 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..(Lambright, Daniel) (Entered: 11/18/2020)

Nov. 18, 2020

Nov. 18, 2020

RECAP
24

ORDER: The Court sua sponte consolidates Payne et al. v. De Blasio et al. (20-cv-08924) and Wood v. De Blasio et al. (20-cv-10541) for all purposes, and exempts Wood from the Mediation Plan (Local Civil Rule 83.10) (Signed by Chief Judge Colleen McMahon on 1/11/2021) (mml) (Entered: 01/11/2021)

Jan. 11, 2021

Jan. 11, 2021

RECAP
25

LETTER MOTION to Consolidate Cases Respectfully Requesting that the Court De-Consolidate Jarrett Payne, et al. v. Mayor Bill de Blasio, et al., 20 Civ. 8924 (CM) and Charles Henry Wood v. City of New York, et al., 20 Civ. 10541 (CM) addressed to Judge Colleen McMahon from Brachah Goykadosh dated January 13, 2021. Document filed by City of New York. (Attachments: # 1 Exhibit A).(Goykadosh, Brachah) (Entered: 01/13/2021)

1 Exhibit A

View on PACER

Jan. 13, 2021

Jan. 13, 2021

PACER
26

LETTER MOTION to Consolidate Cases in Response to Defendants' Letter Motion to De-Consolidate addressed to Judge Colleen McMahon from Plaintiffs dated January 14, 2021. 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..(Perry, Jessica) (Entered: 01/14/2021)

Jan. 14, 2021

Jan. 14, 2021

RECAP
27

LETTER REPLY to Response to Motion addressed to Judge Colleen McMahon from Dara L. Weiss dated January 14, 2021 re: (26 in 1:20-cv-08924-CM) LETTER MOTION to Consolidate Cases in Response to Defendants' Letter Motion to De-Consolidate addressed to Judge Colleen McMahon from Plaintiffs dated January 14, 2021. . Document filed by City of New York. Filed In Associated Cases: 1:20-cv-08924-CM, 1:20-cv-10541-CM.(Weiss, Dara) (Entered: 01/15/2021)

Jan. 15, 2021

Jan. 15, 2021

RECAP
28

CALENDAR NOTICE: Please take notice that the above captioned matter has been scheduled for a: Telephone conference on Friday, February 5, 2021 at 11:30 A.M. before the Honorable Colleen McMahon, United States District Judge. Parties should dial in at 1(888)363-4749, access code (9054506) to join the conference Any scheduling difficulties must be brought to the attention of the Court in writing and faxed to Chambers at (212) 805-6326. SO ORDERED. Telephone Conference set for 2/5/2021 at 11:30 AM before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 1/19/2021) (mml) (Entered: 01/19/2021)

Jan. 19, 2021

Jan. 19, 2021

RECAP
29

LETTER MOTION to Consolidate Cases in Further Response to Defendants' Letter Motion to De-Consolidate addressed to Judge Colleen McMahon from Molly K. Biklen dated January 22, 2021. 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..(Biklen, Molly) (Entered: 01/22/2021)

Jan. 22, 2021

Jan. 22, 2021

RECAP
30

ORDER: Please docket this notice from Chief Judge McMahon in cases: Payne v. DiBlasio, 20 Civ. 8924; Wood v. City of New York, 20 Civ. 10541; People v. City of New York, 21 Civ. 322; Sow v. City of New York, 21 Civ. 533. Counsel: I now have four matters on my docket relating to the conduct of the NYPD in connection with various demonstrations that occurred in New York City during 2020, that are connected to the Black Lives Matter (BLM) movement and the deaths of George Floyd and other individuals at the hands of law enforcement officials in other jurisdictions. They are Payne v. DiBlasio, 20 Civ. 8924, Wood v. City of New York, 20 Civ. 10541, People v. City of New York, 21 Civ. 322, Sow v. City of New York, 21 Civ. 533. I preliminarily consolidated these cases for pre-trial purposes. The defendants have moved to deconsolidate Payne and Wood, and the plaintiffs in Payne object to consolidation of their action with the Attorney General's suit, though they do not object to coordinated discovery and joint motion practice on the common issues of law and fact regarding policies and practices of the NYPD that undergird all four of these lawsuits. I note that Wood, People and Sow were all filed as "related cases" to Payne - and so they are, whether they end up being tried together or not - so I anticipate that most pre-trial matters, and certainly discovery, will be consolidated. I want to conference all four cases initially, so I can get my head around how to manage these cases and start them moving. I want that conference to take place in person - "in person" meaning that no more than two attorneys for each plaintiff and no more than four attorneys for the defendants may be present in my courtroom, masked and socially distanced, at an on-the-record conference. We cannot possibly accommodate all the members of the public who would want to be present at this conference, even with an overflow courtroom; we will provide a call in number for maximum public access. At present, as you know, we are not holding in person proceedings in the federal courthouses, so the February 5 date that is currently on your calendars will not work. I would like to schedule this proceeding for the week of February 16-17-18-19. As to the exact date, I would prefer to suit the convenience of counsel, so please confer and be in touch with my deputy clerk, Mariela de Jesus, Mariela_DeJesus@nysd.uscourts.gov with suggested dates and times during that week. You should be prepared to discuss anticipated motions, coordinated discovery and the reasons why these cases should or should not be consolidated. If each plaintiff and the defendants would file a letter of no more than three pages summarizing your positions at last five days prior to the conference; you can flesh them out fully at the conference. There really is no need to make a lot of formal procedural motions; I would rather hear you outline your positions and rule from the bench. Magistrate Judge Gorenstein is the assigned MJ on these cases. I will be inviting him to participate at this conference as well. (Signed by Judge Colleen McMahon on 1/25/2021) (mml) Modified on 2/5/2021 (mml). (Entered: 01/25/2021)

Jan. 25, 2021

Jan. 25, 2021

RECAP
31

LETTER MOTION for Extension of Time Respectfully Request that the Court Sine Die Extend Defendants Time to Respond to the Complaints in These Related Cases Until After the In Person Conference addressed to Judge Colleen McMahon from Brachah Goykadosh dated February 3, 2021. Document filed by City of New York, Bill De Blasio.Filed In Associated Cases: 1:20-cv-08924-CM, 1:20-cv-10541-CM.(Goykadosh, Brachah) (Entered: 02/03/2021)

Feb. 3, 2021

Feb. 3, 2021

PACER
32

ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Gabriel W. Gorenstein. (Signed by Judge Colleen McMahon on 2/4/2021) (mml) Modified on 2/4/2021 (mml). (Entered: 02/04/2021)

Feb. 4, 2021

Feb. 4, 2021

RECAP
33

ORDER terminating (31) Letter Motion for Extension of Time in case 1:20-cv-08924-CM; terminating (32) Letter Motion for Extension of Time in case 1:20-cv-10541-CM. All proceedings in all cases are stayed until we hold our conference. (Signed by Judge Colleen McMahon on 2/4/2021) Filed In Associated Cases: 1:20-cv-08924-CM, 1:20-cv-10541-CM. (mml) (Entered: 02/05/2021)

Feb. 4, 2021

Feb. 4, 2021

PACER

Case Stayed. (mml)

Feb. 4, 2021

Feb. 4, 2021

PACER
34

LETTER addressed to Judge Colleen McMahon from Brachah Goykadosh, Elissa Jacobs and Dara L. Weiss dated February 15, 2021 re: Defendants' positions on coordinated discovery, consolidation and anticipated motions. Document filed by City of New York, Bill De Blasio, Terence Monahan, Dermot Shea, City of New York, Terence Monahan, Dermot Shea.Filed In Associated Cases: 1:20-cv-08924-CM, 1:20-cv-10541-CM.(Weiss, Dara) (Entered: 02/15/2021)

Feb. 15, 2021

Feb. 15, 2021

RECAP
35

LETTER addressed to Judge Colleen McMahon from Douglas E. Lieb dated 2/16/21 re: Plaintiff Wood's Position on Pending Issues. Document filed by Charles Henry Wood.Filed In Associated Cases: 1:20-cv-08924-CM, 1:20-cv-10541-CM.(Lieb, Douglas) (Entered: 02/16/2021)

Feb. 16, 2021

Feb. 16, 2021

PACER
36

LETTER addressed to Judge Colleen McMahon from Anthony P. Coles dated February 16, 2021 re: advising that the Sergeants Benevolent Association anticipates moving to intervene under Fed. R. Civ. P. 24(a) and (b). Document filed by Sergeants Benevolent Association..(Coles, Anthony) (Entered: 02/16/2021)

Feb. 16, 2021

Feb. 16, 2021

PACER
37

LETTER addressed to Judge Colleen McMahon from Molly K. Biklen dated February 16, 2021 re: Case Management. 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..(Biklen, Molly) (Entered: 02/16/2021)

Feb. 16, 2021

Feb. 16, 2021

PACER
38

CALENDAR NOTICE: Please take notice that the above captioned matter has been scheduled for a: Rule (16) conference on Monday, February 22, 2021 at 2:00 P.M. before the Honorable Colleen McMahon, United States District Judge in Courtroom 24A, U.S. District Court, 500 Pearl Street, New York, New York 10007. Any scheduling difficulties must be brought to the attention of the Court in writing and faxed to Chambers at (212) 805-6326. SO ORDERED. Initial Conference set for 2/22/2021 at 02:00 PM in Courtroom 24A, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. (Signed by Chief Judge Colleen McMahon on 2/18/2021) (jca) (Entered: 02/18/2021)

Feb. 18, 2021

Feb. 18, 2021

PACER
39

ORDER: The Court will hold a conference in this matter on Monday, February 22, 2021, at 2:00 P.M. in Courtroom 24A. This is an open proceeding, but we have limited space in the courtroom due to the Covid-19 pandemic and social distancing requirements. Members of the public and press may dial in at: 888-363-4749; the Access Code is: 9054506. This line will remain on mute for the duration of the conference. (Signed by Chief Judge Colleen McMahon on 2/19/2021) (jca) (Entered: 02/19/2021)

Feb. 19, 2021

Feb. 19, 2021

RECAP
40

ORDER: Amended Pleadings due by 3/5/2021. Any motion for leave to intervene, by any party, must be filed by 3/3/2021. Responses due 3/19/2021. Replies due 3/26/2021. Motions to dismiss the complaints must be filed by close of business on 3/26/2021. Responsive papers are due 4/16/2021. Replies are due 4/30/2021. The case is referred to The Hon. Gabriel W. Gorenstein for all pre-trial supervision other than the motions to dismiss and for leave to intervene. "All discovery" means ALL discovery, including expert discovery, individual discovery and Monell discovery. Potential class plaintiffs should be deposed by July 1, 2021, so that class certification motions can be made no later than September 10, 2021. Deposition due by 7/1/2021. Motions due by 11/15/2021. (Signed by Judge Colleen McMahon on 2/22/2021) (va) (Entered: 02/22/2021)

Feb. 22, 2021

Feb. 22, 2021

RECAP

Minute Entry for proceedings held before Judge Colleen McMahon: Initial Pretrial Conference held on 2/22/2021. Decision: Initial conference held. Refer to docket for scheduling order.Submitted by: Chloe Lewis. Associated Cases: 1:20-cv-08924-CM, 1:20-cv-10541-CM(mde)

Feb. 22, 2021

Feb. 22, 2021

PACER
41

CONSENT LETTER MOTION for Extension of Time to Amend Pleadings addressed to Judge Colleen McMahon from Douglas E. Lieb dated 2/26/21. Document filed by Charles Henry Wood.Filed In Associated Cases: 1:20-cv-08924-CM, 1:20-cv-10541-CM.(Lieb, Douglas) (Entered: 02/26/2021)

Feb. 26, 2021

Feb. 26, 2021

PACER
42

JOINT LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Plaintiffs dated 3/1/21 re: Discovery Schedule. Document filed by Jaime Fried, Camila Gini, Vidal Guzman, Ismael Hernandez Carpio, Vivian Matthew King-Yarde, Andie Mali, Micaela Martinez, Colleen McCormack-Maitland, Charlie Monlouis-Anderle, Nicholas Mulder, Jarrett Payne, Julian Phillips..(Stoughton, Corey) (Entered: 03/02/2021)

March 2, 2021

March 2, 2021

RECAP
43

ORDER: The above-referenced actions have been referred to the undersigned for pre-trial supervision as set forth in Paragraph 8 of Docket # 40 in 20 Civ. 8924. All applications to the undersigned must comply with this Court's Individual Practices, which are available at:https://nysd.uscourts.gov/hon-gabriel-w-gorenstein. The parties must comply with the deadlines set by Chief Judge McMahon in Docket#40. In addition, the Court orders the following interim deadlines as requested by the parties in their letter dated March 1, 2021 (Docket # 42 in 20 Civ. 8924): March 18, 2021: Initial Disclosures due March 25, 2021: First Request for Documents and First Set of Interrogatories dueApril 8, 2021: Defendants to provide proposed date for completion of document production April 26, 2021: Objections and Responses due; production of documents to begin. Additionally, by June 1, 2021, the parties must confer to reserve in the summer and fall a sufficient number of deposition dates for which all counsel must be available even if specific deponents are not attached to any particular date. Depositions shall be scheduled as soon as practicable. The parties shall not require a deponent to appear for a deposition after Friday, December 3, 2021, unless all parties agree otherwise or the Court orders otherwise. And as set forth herein. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/02/2021) (ama) (Entered: 03/02/2021)

March 2, 2021

March 2, 2021

RECAP
44

NOTICE OF APPEARANCE by Thomas Aquinas Kissane on behalf of Police Benevolent Association of the City of New York, Inc.. Filed In Associated Cases: 1:20-cv-08924-CM, 1:20-cv-10541-CM, 1:21-cv-00322-CM.(Kissane, Thomas) (Entered: 03/03/2021)

March 3, 2021

March 3, 2021

RECAP
45

MOTION to Intervene . Document filed by Sergeants Benevolent Association..(Coles, Anthony) (Entered: 03/03/2021)

March 3, 2021

March 3, 2021

PACER
46

NOTICE OF APPEARANCE by Richard Henry Dolan on behalf of Police Benevolent Association of the City of New York, Inc.. Filed In Associated Cases: 1:20-cv-08924-CM, 1:20-cv-10541-CM, 1:21-cv-00322-CM.(Dolan, Richard) (Entered: 03/03/2021)

March 3, 2021

March 3, 2021

PACER
47

MEMORANDUM OF LAW in Support re: 45 MOTION to Intervene . . Document filed by Sergeants Benevolent Association. (Attachments: # 1 Exhibit A - Declaration of Sgt. Edward D. Mullins, # 2 Exhibit B - Affidavit of Prof. Bruce A. Green, # 3 Proposed Answer).(Coles, Anthony) (Entered: 03/03/2021)

1 Exhibit A - Declaration of Sgt. Edward D. Mullins

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2 Exhibit B - Affidavit of Prof. Bruce A. Green

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3 Proposed Answer

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March 3, 2021

March 3, 2021

PACER
48

MOTION to Intervene as a party-defendant. Document filed by Police Benevolent Association of the City of New York, Inc..Filed In Associated Cases: 1:20-cv-08924-CM, 1:20-cv-10541-CM, 1:21-cv-00322-CM.(Dolan, Richard) (Entered: 03/03/2021)

March 3, 2021

March 3, 2021

PACER
49

MEMORANDUM OF LAW in Support re: (48 in 1:20-cv-08924-CM, 45 in 1:20-cv-10541-CM, 45 in 1:21-cv-00322-CM) MOTION to Intervene as a party-defendant. . Document filed by Police Benevolent Association of the City of New York, Inc.. Filed In Associated Cases: 1:20-cv-08924-CM, 1:20-cv-10541-CM, 1:21-cv-00322-CM.(Dolan, Richard) (Entered: 03/03/2021)

March 3, 2021

March 3, 2021

PACER
50

DECLARATION of Joseph Alejandro in Support re: (45 in 1:21-cv-00322-CM, 48 in 1:20-cv-08924-CM, 45 in 1:20-cv-10541-CM) MOTION to Intervene as a party-defendant.. Document filed by Police Benevolent Association of the City of New York, Inc.. (Attachments: # 1 A: Statement to the New York Attorney General's Office by the Police Benevolent Association dated June 17, 2020)Filed In Associated Cases: 1:20-cv-08924-CM, 1:20-cv-10541-CM, 1:21-cv-00322-CM.(Dolan, Richard) (Entered: 03/03/2021)

1 A: Statement to the New York Attorney General's Office by the Police Benev

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March 3, 2021

March 3, 2021

PACER
51

MOTION to Intervene on behalf of the Detectives Endowment Association. Document filed by Dectectives Endowment Association of New York City.Filed In Associated Cases: 1:20-cv-08924-CM, 1:21-cv-00322-CM.(McQuade, Stephen) (Entered: 03/04/2021)

March 4, 2021

March 4, 2021

PACER
52

DECLARATION of Stephen Mc Quade in Support re: (51 in 1:20-cv-08924-CM, 48 in 1:21-cv-00322-CM) MOTION to Intervene on behalf of the Detectives Endowment Association.. Document filed by Dectectives Endowment Association of New York City. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16)Filed In Associated Cases: 1:20-cv-08924-CM, 1:21-cv-00322-CM.(McQuade, Stephen) (Entered: 03/04/2021)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9

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10 Exhibit 10

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11 Exhibit 11

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12 Exhibit 12

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13 Exhibit 13

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14 Exhibit 14

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15 Exhibit 15

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16 Exhibit 16

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March 4, 2021

March 4, 2021

PACER
53

MEMORANDUM OF LAW in Support re: (51 in 1:20-cv-08924-CM, 48 in 1:21-cv-00322-CM) MOTION to Intervene on behalf of the Detectives Endowment Association. . Document filed by Dectectives Endowment Association of New York City. Filed In Associated Cases: 1:20-cv-08924-CM, 1:21-cv-00322-CM.(McQuade, Stephen) (Entered: 03/04/2021)

March 4, 2021

March 4, 2021

PACER
54

FIRST AMENDED COMPLAINT amending 1 Complaint, against Doe Caraballo, City of New York, Bill De Blasio, Terence Monahan, Dermot Shea, Keith Cheng, Michael Butler, Matthew Tarangelo, Thomas E Manning, Gypsy Pichardo, Matthew L Perry, Thomas R Hardell, Damian Rivera, Aaron Husbands, Jacqueline Vargas, Joseph Deck (Ducky), John Doe 1-26, Jane Doe 1, Doe Esposito with JURY DEMAND.Document filed by Jarrett Payne, Vivian Matthew King-Yarde, Micaela Martinez, Julian Phillips, Jaime Fried, Camila Gini, Andie Mali, Vidal Guzman, Colleen McCormack-Maitland, Charlie Monlouis-Anderle, Nicholas Mulder. Related document: 1 Complaint,..(Biklen, Molly) (Entered: 03/05/2021)

March 5, 2021

March 5, 2021

Clearinghouse
55

FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Sergeant Keith Cheng, re: 54 Amended Complaint. 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..(Biklen, Molly) Modified on 3/8/2021 (sj). (Entered: 03/05/2021)

March 5, 2021

March 5, 2021

PACER
56

FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Lieutenant Michael Butler, re: 54 Amended Complaint. 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..(Biklen, Molly) Modified on 3/8/2021 (sj). (Entered: 03/05/2021)

March 5, 2021

March 5, 2021

PACER
57

REQUEST FOR ISSUANCE OF SUMMONS as to Officer Matthew Tarangelo, re: 54 Amended Complaint,,. 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..(Biklen, Molly) (Entered: 03/05/2021)

March 5, 2021

March 5, 2021

PACER
58

REQUEST FOR ISSUANCE OF SUMMONS as to Thomas E. Manning, re: 54 Amended Complaint,,. 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..(Biklen, Molly) (Entered: 03/05/2021)

March 5, 2021

March 5, 2021

PACER
59

REQUEST FOR ISSUANCE OF SUMMONS as to Sergeant Gypsy Pichardo, re: 54 Amended Complaint,,. 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..(Biklen, Molly) (Entered: 03/05/2021)

March 5, 2021

March 5, 2021

PACER
60

REQUEST FOR ISSUANCE OF SUMMONS as to Officer Matthew L. Perry, re: 54 Amended Complaint,,. 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..(Biklen, Molly) (Entered: 03/05/2021)

March 5, 2021

March 5, 2021

PACER
61

REQUEST FOR ISSUANCE OF SUMMONS as to Lieutenant Thomas R. Hardell, re: 54 Amended Complaint,,. 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..(Biklen, Molly) (Entered: 03/05/2021)

March 5, 2021

March 5, 2021

PACER
62

REQUEST FOR ISSUANCE OF SUMMONS as to Officer Damian Rivera, re: 54 Amended Complaint,,. 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..(Biklen, Molly) (Entered: 03/05/2021)

March 5, 2021

March 5, 2021

PACER
63

REQUEST FOR ISSUANCE OF SUMMONS as to Officer Aaron Husbands, re: 54 Amended Complaint,,. 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..(Biklen, Molly) (Entered: 03/05/2021)

March 5, 2021

March 5, 2021

RECAP
64

REQUEST FOR ISSUANCE OF SUMMONS as to Officer Jacqueline Vargas, re: 54 Amended Complaint,,. 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..(Biklen, Molly) (Entered: 03/05/2021)

March 5, 2021

March 5, 2021

PACER
65

FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS REQUEST FOR ISSUANCE OF SUMMONS as to Officer Joseph (Ducky) Deck, re: 54 Amended Complaint. 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..(Biklen, Molly) Modified on 3/8/2021 (sj). (Entered: 03/05/2021)

March 5, 2021

March 5, 2021

RECAP
66

NOTICE OF APPEARANCE by Remy Green on behalf of Adama Sow..(Green, Remy) (Entered: 03/06/2021)

March 6, 2021

March 6, 2021

PACER
67

NOTICE OF APPEARANCE by Luna Droubi on behalf of Adama Sow..(Droubi, Luna) (Entered: 03/06/2021)

March 6, 2021

March 6, 2021

PACER
68

LETTER addressed to Judge Colleen McMahon from Remy Green dated 2021-03-06 re: In Re: New York City Policing During Summer 2020 Demonstrations, 20 Civ. 8924 (CM)(GWG) (Amended Complaint in Sow (21-cv-533)). Document filed by Adama Sow. (Attachments: # 1 Exhibit First Amended Complaint in Sow (21-cv-533))Filed In Associated Cases: 1:20-cv-08924-CM, 1:20-cv-10541-CM, 1:21-cv-00322-CM.(Green, Remy) (Entered: 03/06/2021)

1 Exhibit First Amended Complaint in Sow (21-cv-533)

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March 6, 2021

March 6, 2021

PACER
69

NOTICE OF APPEARANCE by Jaclyn Hillary Grodin on behalf of People of The State of New York. Filed In Associated Cases: 1:20-cv-08924-CM, 1:20-cv-10291-CM, 1:20-cv-10541-CM, 1:21-cv-00322-CM, 1:21-cv-00533-CM.(Grodin, Jaclyn) (Entered: 03/08/2021)

March 8, 2021

March 8, 2021

PACER
70

ELECTRONIC SUMMONS ISSUED as to Matthew Tarangelo. (sj) (Entered: 03/08/2021)

March 8, 2021

March 8, 2021

PACER
71

ELECTRONIC SUMMONS ISSUED as to Thomas E Manning. (sj) (Entered: 03/08/2021)

March 8, 2021

March 8, 2021

PACER
72

ELECTRONIC SUMMONS ISSUED as to Gypsy Pichardo. (sj) (Entered: 03/08/2021)

March 8, 2021

March 8, 2021

PACER
73

ELECTRONIC SUMMONS ISSUED as to Matthew L Perry. (sj) (Entered: 03/08/2021)

March 8, 2021

March 8, 2021

PACER
74

ELECTRONIC SUMMONS ISSUED as to Thomas R Hardell. (sj) (Entered: 03/08/2021)

March 8, 2021

March 8, 2021

PACER
75

ELECTRONIC SUMMONS ISSUED as to Damian Rivera. (sj) (Entered: 03/08/2021)

March 8, 2021

March 8, 2021

PACER
76

ELECTRONIC SUMMONS ISSUED as to Aaron Husbands. (sj) (Entered: 03/08/2021)

March 8, 2021

March 8, 2021

PACER
77

ELECTRONIC SUMMONS ISSUED as to Jacqueline Vargas. (sj) (Entered: 03/08/2021)

March 8, 2021

March 8, 2021

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Molly Knopp Biklen to RE-FILE Document No. 55 Request for Issuance of Summons, 56 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; the date field on the offical A.O. Summons form was completed by the attorney. 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 8, 2021

March 8, 2021

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Molly Knopp Biklen to RE-FILE Document No. 65 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; Party name must match exactly as pleading. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj)

March 8, 2021

March 8, 2021

PACER
78

TRANSCRIPT of Proceedings re: CONFERENCE held on 2/22/2021 before Judge Colleen McMahon. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/29/2021. Redacted Transcript Deadline set for 4/8/2021. Release of Transcript Restriction set for 6/7/2021.Filed In Associated Cases: 1:20-cv-08924-CM et al..(McGuirk, Kelly) (Entered: 03/08/2021)

March 8, 2021

March 8, 2021

PACER
79

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 2/22/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:20-cv-08924-CM et al..(McGuirk, Kelly) (Entered: 03/08/2021)

March 8, 2021

March 8, 2021

PACER

Notice to Attorney Regarding Deficient Request for Issuance of Summons

March 8, 2021

March 8, 2021

PACER
80

REQUEST FOR ISSUANCE OF SUMMONS as to Officer Joseph Deck, re: 54 Amended Complaint,,. 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..(Biklen, Molly) (Entered: 03/09/2021)

March 9, 2021

March 9, 2021

PACER
81

REQUEST FOR ISSUANCE OF SUMMONS as to Lieutenant Michael Butler, re: 54 Amended Complaint,,. 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..(Biklen, Molly) (Entered: 03/09/2021)

March 9, 2021

March 9, 2021

PACER
82

REQUEST FOR ISSUANCE OF SUMMONS as to Sergeant Keith Cheng, re: 54 Amended Complaint,,. 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..(Biklen, Molly) (Entered: 03/09/2021)

March 9, 2021

March 9, 2021

PACER
83

ELECTRONIC SUMMONS ISSUED as to Joseph Deck. (sj) (Entered: 03/10/2021)

March 10, 2021

March 10, 2021

PACER
84

ELECTRONIC SUMMONS ISSUED as to Michael Butler. (sj) (Entered: 03/10/2021)

March 10, 2021

March 10, 2021

PACER
85

ELECTRONIC SUMMONS ISSUED as to Keith Cheng. (sj) (Entered: 03/10/2021)

March 10, 2021

March 10, 2021

PACER
86

NOTICE OF APPEARANCE by Robert Sherlock Smith on behalf of Police Benevolent Association of the City of New York, Inc.. Filed In Associated Cases: 1:20-cv-08924-CM et al..(Smith, Robert) (Entered: 03/10/2021)

March 10, 2021

March 10, 2021

PACER
87

TRANSCRIPT of Proceedings re: CONFERENCE held on 2/22/2021 before Judge Colleen McMahon. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/7/2021. Redacted Transcript Deadline set for 4/19/2021. Release of Transcript Restriction set for 6/15/2021.Filed In Associated Cases: 1:20-cv-08924-CM et al..(McGuirk, Kelly) (Entered: 03/17/2021)

March 17, 2021

March 17, 2021

PACER
88

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 2/22/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:20-cv-08924-CM et al..(McGuirk, Kelly) (Entered: 03/17/2021)

March 17, 2021

March 17, 2021

PACER
89

LETTER addressed to Judge Colleen McMahon from Douglas E. Lieb dated 3/18/2021 re: Requesting the Court's Assistance in Resolving Docketing Issues Preventing Consolidated Filings. Document filed by Charles Henry Wood.Filed In Associated Cases: 1:20-cv-08924-CM et al..(Lieb, Douglas) (Entered: 03/18/2021)

March 18, 2021

March 18, 2021

PACER

Case Details

State / Territory: New York

Case Type(s):

Policing

Special Collection(s):

Police Violence Protests

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 26, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A group of eleven New York City residents who alleged that NYPD officers used excessive force against them and falsely arrested them in violation of both the United States and New York State Constitutions during the 2020 protests against systemic racism and police violence.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

New York Civil Liberties Union (NYCLU)

Public Interest Lawyer: Yes

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

City of New York, City

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Unreasonable search and seizure

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Conditional Dismissal

Amount Defendant Pays: $1,465,001.00

Issues

General:

Failure to discipline

Failure to supervise

Failure to train

Over/Unlawful Detention

Pattern or Practice

Restraints : physical

Policing:

Excessive force

False arrest

Pepper/OC Spray (policing)