University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Bandele v. City of New York PN-NY-0016
Docket / Court 1:07-cv-03339 ( S.D.N.Y. )
State/Territory New York
Case Type(s) Policing
Attorney Organization Center for Constitutional Rights
Case Summary
On April 26, 2007, three community activists filed a lawsuit in the U.S. District Court for the Southern District of New York under the Civil Rights Act of 1871, U.S.C. 42 § 1983, and state law against the City of New York and two New York City Police Department police officers. The plaintiffs, ... read more >
On April 26, 2007, three community activists filed a lawsuit in the U.S. District Court for the Southern District of New York under the Civil Rights Act of 1871, U.S.C. 42 § 1983, and state law against the City of New York and two New York City Police Department police officers. The plaintiffs, represented by the Center for Constitutional Rights and private counsel, asked the court for both declaratory and injunctive relief.

Specifically, the plaintiffs alleged that the defendant officers violated their rights under the First, Fourth and Fifth Amendments when they arrested plaintiffs while the plaintiffs were recording the arrests of two other people.
According the complaint, all charges against the plaintiffs were dropped, but only after they were held in jail overnight and required to make at least 10 court appearances in relation to the incident. The plaintiffs also brought a Monell claim, alleging that the police department's policies encouraged violation of the plaintiffs' constitutional rights.

On September 19, 2008, the District Court (Judge Miriam Cedarbaum) accepted the parties' Stipulation of Settlement and Dismissal. As part of the settlement agreement, each of the three plaintiffs received $15,000 and fees from the defendants in exchange for dismissal of their complaint. The defendants did not admit any violation of the plaintiffs' rights.

Louisa Eberle - 10/14/2013


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Freedom of speech/association
Unreasonable search and seizure
Defendant-type
Law-enforcement
General
Excessive force
Failure to discipline
Failure to supervise
Failure to train
False arrest
Pattern or Practice
Plaintiff Type
Private Plaintiff
Causes of Action State law
42 U.S.C. § 1983
Defendant(s) City of New York
Plaintiff Description Community activists who were arrested while recording the arrests of two individuals
Indexed Lawyer Organizations Center for Constitutional Rights
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Damages
Source of Relief Settlement
Form of Settlement Private Settlement Agreement
Voluntary Dismissal
Order Duration not on record
Case Closing Year 2008
Case Ongoing No
Additional Resources
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Case Studies Federal Enforcement of Police Reform
By: Stephen Rushin (University of Illinois College of Law, University of California, Berkeley - Jurisprudence and Social Policy Program )
Citation: 82 Fordham Law Review 3189 (2014)
[ Detail ] [ External Link ]

  Panopticism for Police: Structural Reform Bargaining and Police Regulation by Data-Driven Surveillance
By: Mary D. Fan (University of Washington)
Citation: Forthcoming, 87 Washington L. Rev. __ (2012).
[ Detail ] [ External Link ]

  What Happens When Police Are Forced to Reform?
Written: Nov. 13, 2015
By: Kimbriell Kelly, Sarah Childress and Steven Rich (Frontline/Post)
Citation: Washington Post (Nov. 13, 2015)
[ Detail ] [ External Link ]

Docket(s)
1:07−cv−03339 (S.D.N.Y.) 04/26/2007
PN-NY-0016-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
First Complaint 04/26/2007
PN-NY-0016-0001 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Amended complaint 02/29/2008
PN-NY-0016-0002 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
STIPULATION AND ORDER OF SETTLEMENT AND DISMISSAL 09/22/2008 (S.D.N.Y.)
PN-NY-0016-0003 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Cedarbaum, Miriam Goldman (S.D.N.Y.)
PN-NY-0016-0003 | PN-NY-0016-9000
Monitors/Masters None on record
Plaintiff's Lawyers Boyle, Robert (New York)
PN-NY-0016-0001 | PN-NY-0016-0002 | PN-NY-0016-9000
Costello, Andrea Hope (Florida)
PN-NY-0016-9000
Franklin, Karl Ferdinand (New York)
PN-NY-0016-0001 | PN-NY-0016-0002 | PN-NY-0016-0003 | PN-NY-0016-9000
Defendant's Lawyers Cardozo, Michael A. (New York)
PN-NY-0016-0003
Donahue, Linda (New York)
PN-NY-0016-0003 | PN-NY-0016-9000
Seligman, Rachel Amy (New York)
PN-NY-0016-9000
Other Lawyers None on record

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