University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Lawler v. City of New York PN-NY-0034
Docket / Court 1:12-cv-05843-RWS ( S.D.N.Y. )
State/Territory New York
Case Type(s) Policing
Special Collection Occupy
Case Summary
On July 31, 2012, a New York resident who was arrested while participating in the Occupy Wall Street protests filed a lawsuit in the U.S. District Court for the Southern District of New York against the City of New York. The complaint was brought under 42 U.S.C. 1983 and alleged violations of the 1 ... read more >
On July 31, 2012, a New York resident who was arrested while participating in the Occupy Wall Street protests filed a lawsuit in the U.S. District Court for the Southern District of New York against the City of New York. The complaint was brought under 42 U.S.C. 1983 and alleged violations of the 1st, 4th and 14th amendments. Plaintiff was represented by private counsel, seeking compensatory and punitive damages, as well as injunctive relief in the form of a permanent injunction requiring the City of New York to comply with federal standards with regards to the use of force by police.

Specifically, the New York resident alleged that while participating in a march near Union Square Park, New York Police Department officers deployed nets to surround participants, and used pepper spray and unreasonable force against participants.

On November 13, 2012, defendant requested that cases stemming from the same incident that occurred on September 24, 2011, be consolidated. On November 30, 2012, the Court ordered that the cases be consolidated.

For the next year and a half, no significant motions were filed.

As of May 27, 2014, this case is still pending.

Maurice Youkanna - 05/27/2014


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Issues and Causes of Action
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Issues
Constitutional Clause
Freedom of speech/association
Unreasonable search and seizure
Defendant-type
Law-enforcement
General
Aggressive behavior
Excessive force
Failure to discipline
Failure to supervise
Failure to train
Pattern or Practice
Pepper/OC spray
Restraints : chemical
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. ยง 1983
Defendant(s) City of New York
Plaintiff Description Resident of New York City arrested while participating in Occupy Wall Street movement
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party None Yet / None
Public Int. Lawyer No
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
Case Listing PN-NY-0035 : Crisp v. City of New York (S.D.N.Y.)
PN-NY-0043 : Elliot v. City of New York (S.D.N.Y.)
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-05843-RWS (S.D.N.Y.) 07/23/2015
PN-NY-0034-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint and Demand for a Jury Trial 07/31/2012
PN-NY-0034-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Protective Order 11/04/2013 (S.D.N.Y.)
PN-NY-0034-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Stipulation and Order of Dismissal 07/18/2015 (S.D.N.Y.)
PN-NY-0034-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Sweet, Robert Workman (S.D.N.Y.)
PN-NY-0034-0002 | PN-NY-0034-0003 | PN-NY-0034-9000
Monitors/Masters None on record
Plaintiff's Lawyers Moisan, Jane Leanne (New York)
PN-NY-0034-9000
Rankin, David Bruce (New York)
PN-NY-0034-0001 | PN-NY-0034-9000
Defendant's Lawyers Lapietra, Louis C. (New York)
PN-NY-0034-9000
Lucas, Andrew Joseph (New York)
PN-NY-0034-9000
Weiss, Dara Lynn (New York)
PN-NY-0034-9000
Other Lawyers None on record

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