University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name Charles v. City of New York PN-NY-0018
Docket / Court 1:12-cv-06180-SLT-SMG ( E.D.N.Y. )
State/Territory New York
Case Type(s) Policing
Attorney Organization ACLU Chapters (any)
Case Summary
On December 17, 2012 a Brooklyn resident filed a lawsuit in the U.S. District Court for the Eastern District of New York, against the City of New York, under 42 U.S.C. §1983, Article 1 Section 8 of the New York Constitution, and Article 1 Section 12 of the New York State Constitution. The ... read more >
On December 17, 2012 a Brooklyn resident filed a lawsuit in the U.S. District Court for the Eastern District of New York, against the City of New York, under 42 U.S.C. §1983, Article 1 Section 8 of the New York Constitution, and Article 1 Section 12 of the New York State Constitution. The plaintiff, represented by the New York Civil Liberties Union, asked the court for compensatory and punitive damages, attorneys' fees, and costs, claiming that the NYPD unlawfully arrested her for filming a stop and frisk in her neighborhood. The complaint explains that it challenges the NYPD's practice of interfering with the right of individuals to film police activity in public areas.

Specifically, the plaintiff claimed that on June 5, 2012 after leaving the subway and on the walk to her house, she witnessed two NYPD officers questioning and frisking three youths she recognized from the neighborhood. To the plaintiff it appeared the youths were only fixing an upturned bicycle. The youths repeatedly protested to the officers that they were only fixing the bicycle and that they had done nothing wrong. She asked the officers what they were doing, and when they brushed off her question began to film the event on her cellphone. The officers repeatedly told her to stop filming and to step further back.

After repeatedly requesting that the plaintiff stop filming, one of the officers shoved her. The officers' sergeant was then called to the scene. Subsequently, the plaintiff informed the sergeant that she wished to file a formal complaint. Directly after voicing her desire to file a complaint, she was arrested and transported to the precinct where she was held for about an hour and a half. Her phone and purse were confiscated and the officers repeatedly asked her if she still wished to file a complaint. After issuing her a summons for disorderly conduct and receiving verbal confirmation from her that she did not intend to file a complaint, the officers released the plaintiff on her own cognizance. No criminal charges were filed against her.

The case remains in discovery as of February 20, 2014.

Nick Kabat - 02/24/2014


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Constitutional Clause
Freedom of speech/association
Unreasonable search and seizure
Defendant-type
Jurisdiction-wide
Law-enforcement
General
Failure to train
False arrest
Over/Unlawful Detention
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. § 1983
State law
Defendant(s) City of New York
Plaintiff Description New York resident arrested while filming an arrest.
Indexed Lawyer Organizations ACLU Chapters (any)
Class action status sought No
Class action status granted No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Yes
Additional Resources
click to show/hide detail
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)
1:12-cv-06180-SLT-SMG (E.D.N.Y.) 01/23/2014
PN-NY-0018-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 12/17/2012
PN-NY-0018-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Amended Complaint 04/15/2013
PN-NY-0018-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Gold, Stephen F. Court not on record
PN-NY-0018-9000
Townes, Sandra L. (E.D.N.Y.)
PN-NY-0018-9000
Monitors/Masters None on record
Plaintiff's Lawyers Dunn, Christopher (New York)
PN-NY-0018-0001 | PN-NY-0018-0002 | PN-NY-0018-9000
Karteron, Alexis (New York)
PN-NY-0018-0001 | PN-NY-0018-0002 | PN-NY-0018-9000
Defendant's Lawyers Zuckerman, Mark (New York)
PN-NY-0018-9000
Other Lawyers None on record

- click to show/hide ALL -

new search
page permalink

- top of page -