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Case Name Goodman v. City of New York PN-NY-0036
Docket / Court 1:14-cv-05261 ( S.D.N.Y. )
State/Territory New York
Case Type(s) Policing
Speech and Religious Freedom
Case Summary
On July 15, 2014, the plaintiff, a New York City resident, filed a lawsuit in the U.S. District Court for the Southern District of New York under 42 U.S.C. §§ 1983 and 1988. The plaintiff, represented by private counsel, alleges that the New York Police Department's ("NYPD") policy and practice ... read more >
On July 15, 2014, the plaintiff, a New York City resident, filed a lawsuit in the U.S. District Court for the Southern District of New York under 42 U.S.C. §§ 1983 and 1988. The plaintiff, represented by private counsel, alleges that the New York Police Department's ("NYPD") policy and practice of interfering with the right of individuals to film, photograph, videotape or record NYPD officers performing their official duties in public places violates the First Amendment. Furthermore, the plaintiff alleged that her detention violates her Fourth Amendment rights. Plaintiff is seeking monetary damages, a declaratory judgment that plaintiff's First and Fourth Amendment rights were violated, and a permanent injunction preventing the City of New York from retaliating against anyone who, without interfering with police activity, records police officers performing official duties in public.

Plaintiff's claims arise out of a September 25, 2013 incident in which she was allegedly arrested by NYPD officers after filming NYPD and paramedics' interactions with an apparently homeless person. She alleges that after she began filming the incident, NYPD officers began filming her, at which point she informed them they had no right to film her. The NYPD officers arrested her subsequent to a "verbal exchange." All charges against plaintiff related to the incident were eventually dismissed.

In support of the proposition that the NYPD maintains such a policy of interfering with the public recording them performing their official duties, the complaint cites numerous documented instances of such interference, letters of concern to the NYPD from major media outlets, and the allegation that the NYPD has failed to adequately respond to those incidents.

The case is currently pending.

Brendan Brown - 09/30/2014


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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
Excessive force
Failure to train
False arrest
Over/Unlawful Detention
Pattern or Practice
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. § 1983
Declaratory Judgment Act, 28 U.S.C. § 2201
State law
Defendant(s) City of New York
Plaintiff Description A resident of New York City arrested after filming NYPD officers performing official duties
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
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)
1:14-cv-05261 (S.D.N.Y.) 07/15/2014
PN-NY-0036-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 07/15/2014
PN-NY-0036-0001.pdf | Detail
Document Source: Bloomberg Law
Judges McMahon, Colleen (S.D.N.Y.)
PN-NY-0036-9000
Monitors/Masters None on record
Plaintiff's Lawyers Siegel, Norman H. (New York)
PN-NY-0036-0001 | PN-NY-0036-9000
Sprayregen, Sharon (New York)
PN-NY-0036-0001 | PN-NY-0036-9000
Teitelbaum, Herbert (New York)
PN-NY-0036-0001 | PN-NY-0036-9000
Ward, Earl (New York)
PN-NY-0036-0001 | PN-NY-0036-9000
Defendant's Lawyers Zuckerman, Mark (New York)
PN-NY-0036-9000
Other Lawyers None on record

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