University of Michigan Law School
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Case Name Occupy Wall St. v. City of New York. PN-NY-0033
Docket / Court 1:12-cv-04129-GBD ( S.D.N.Y. )
State/Territory New York
Case Type(s) Policing
Special Collection Occupy
Case Summary
On May 23, 2012, Occupy Wall Street, an unincorporated association engaged in continuous political protest, filed a lawsuit in the United States District Court for the Southern District of New York against the City of New York. The plaintiffs, represented by private counsel, claimed that the City ... read more >
On May 23, 2012, Occupy Wall Street, an unincorporated association engaged in continuous political protest, filed a lawsuit in the United States District Court for the Southern District of New York against the City of New York. The plaintiffs, represented by private counsel, claimed that the City seized or damaged property amounting to over 3,600 books and related library furnishings. Specifically, plaintiffs contended that the City's failure to adequately supervise and train officers led to them to convert over $43,000 worth of property. Plaintiffs brought suit under 42 U.S.C. §1983 for violations of their First, Fourth, and Fourteenth Amendment rights, and sought damages in the amount of the lost property, punitive damages against unspecified officers who acted outrageously, and litigation costs.

The case was assigned to Judge George B. Daniels. After some procedural preliminaries, on April 9, 2013 the parties settled their dispute. The settlement was with prejudice and without costs, expenses, or additional fees outside of the agreement. According to the settlement, the City of New York agreed to pay defendants $47,000 for the loss of property. The City also agreed to pay attorney's fees in the amount of $185,000 pursuant to 42 U.S.C. §1988, and $1,248.58 for costs and expenses incurred in the matter. The settlement did not include any injunctive terms.

Richard Jolly - 05/17/2014


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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
Jurisdiction-wide
Law-enforcement
General
Failure to train
Pattern or Practice
Plaintiff Type
Private Plaintiff
Causes of Action State law
42 U.S.C. § 1983
Defendant(s) Mayor of New York
Police Commissioner of New York
Sanitation Commissioner of New York
Plaintiff Description Occupy Wall Street, an unincorporated association engaged in continuous political protest in New York.
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Attorneys fees
Damages
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Voluntary Dismissal
Order Duration 2013 - n/a
Case Closing Year 2013
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)
1:12-cv-4129 (S.D.N.Y.) 04/09/2013
PN-NY-0033-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 05/23/2012
PN-NY-0033-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Third Party Complaint 06/25/2012
PN-NY-0033-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Stipulation of Discontinuance and Settlement 04/09/2013
PN-NY-0033-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Daniels, George B. (S.D.N.Y.)
PN-NY-0033-0003 | PN-NY-0033-9000
Maas, Frank S. (S.D.N.Y.) [Magistrate]
PN-NY-0033-9000
Monitors/Masters None on record
Plaintiff's Lawyers Cardozo, Michael A. (New York)
PN-NY-0033-0002
Siegel, Norman H. (New York)
PN-NY-0033-0001 | PN-NY-0033-0003 | PN-NY-0033-9000
Sprayregen, Sharon (New York)
PN-NY-0033-0001
Teitelbaum, Herbert (New York)
PN-NY-0033-0001 | PN-NY-0033-0003 | PN-NY-0033-9000
Defendant's Lawyers Ciappetta, Nicholas Robert (New York)
PN-NY-0033-9000
Neufeld, Sheryl Rebecca (New York)
PN-NY-0033-0002 | PN-NY-0033-0003 | PN-NY-0033-9000
Other Lawyers Flaum, Douglas H. (New York)
PN-NY-0033-0003 | PN-NY-0033-9000

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