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Case Name Crisp v. City of New York PN-NY-0035
Docket / Court 1:12-cv-5842-RWS ( S.D.N.Y. )
State/Territory New York
Case Type(s) Policing
Special Collection Occupy
Case Summary
On July 31st, 2012, a resident of New York who was arrested while participating in a the Occupy Wall Street protest filed a lawsuit in the Southern District of New York United States District Court under 42 U.S.C. § 1983 against the city of New York. The plaintiff, represented by private counsel, ... read more >
On July 31st, 2012, a resident of New York who was arrested while participating in a the Occupy Wall Street protest filed a lawsuit in the Southern District of New York United States District Court under 42 U.S.C. § 1983 against the city of New York. The plaintiff, represented by private counsel, asked the court for compensatory and punitive damages, lawyers fees, and injunctive relief requiring that the city of New York create and implement a policy regarding the use of force upon persons involved in public demonstrations that conforms with federal constitutional standards and to create and implement reporting systems to record all uses of force by NYPD officers during public demonstrations. He claimed that his first, fourth, and fourteenth amendment rights were violated.

Specifically, the plaintiff claimed that he was sprayed with pepper spray by a New York City police officer while compliantly demonstrating with the Occupy Wall Street protest group. He said that the pepper spray hit his right eye and burned his face, arms, hands, and lungs. He claimed that he had to miss three days of work as a result of this incident, and still experienced some blurry vision and nervousness and increased heart rate around police officers.

On November 13th, 2012, the District Court (Judge Robert W. Sweet) consolidated this case with several others filed with regards to the same incident. This was the last significant motion relating to this case.

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

Megan Dolan - 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
Over/Unlawful Detention
Pattern or Practice
Pepper/OC spray
Restraints : chemical
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. § 1983
Defendant(s) The City of New York
Plaintiff Description Resident of New York City arrested while participating in Occupy Wall Street.
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 Damages
Unknown
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2015 - n/a
Case Closing Year 2015
Case Ongoing Yes
Case Listing PN-NY-0034 : Lawler 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-5842-rws (S.D.N.Y.) 07/23/2015
PN-NY-0035-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint and Demand for a Jury Trial 07/31/2012
PN-NY-0035-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Protective Order 11/04/2013 (S.D.N.Y.)
PN-NY-0035-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Stipulation and Order of Dismissal 07/02/2015 (S.D.N.Y.)
PN-NY-0035-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Dolinger, Michael H. (S.D.N.Y.) [Magistrate]
PN-NY-0035-9000
Sweet, Robert Workman (S.D.N.Y.)
PN-NY-0035-0002 | PN-NY-0035-0003 | PN-NY-0035-9000
Monitors/Masters None on record
Plaintiff's Lawyers Moisan, Jane Leanne (New York)
PN-NY-0035-9000
Rankin, David Bruce (New York)
PN-NY-0035-0001 | PN-NY-0035-0003 | PN-NY-0035-9000
Defendant's Lawyers Lapietra, Louis C. (New York)
PN-NY-0035-9000
Lucas, Andrew Joseph (New York)
PN-NY-0035-9000
Weiss, Dara Lynn (New York)
PN-NY-0035-0003 | PN-NY-0035-9000
Other Lawyers None on record

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