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Case Name Argyros v. City of New York PN-NY-0038
Docket / Court 1:13-cv-02946-SLT-RML ( E.D.N.Y. )
State/Territory New York
Case Type(s) Policing
Case Summary
On August 7, 2013, several residents of New York City filed a class action 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. Plaintiffs, represented by private counsel, sought declaratory and injunctive relief in addition ... read more >
On August 7, 2013, several residents of New York City filed a class action 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. Plaintiffs, represented by private counsel, sought declaratory and injunctive relief in addition to compensatory and punitive damages and attorneys' fees.

Specifically, plaintiffs alleged that the New York Police Department ("NYPD") operation known as "Operation Lucky Bag" resulted in systematic unreasonable search and seizure in violation of the Fourth Amendment of the U.S. Constitution, as well as other state law violations. Operation Lucky Bag involved NYPD officers leaving bags containing valuable items unattended and in plain sight and waiting for individuals to pick up the bag or valuable item and then arresting those individuals under the assumption that they intended to keep the items. Plaintiffs alleged that these incidents represented arrest without probable cause in violation of their right to be free from unreasonable search and seizure.

On September 16, 2014, the parties entered a settlement agreement. In the agreement defendants agreed to amend Operation Lucky Bag so that arrests would only be made in the following instances: (i) when the valuables are separated from the other property and that remaining property is discarded, (ii) where property is removed from someone else's belongings, or (iii) an individual, having taken property and been confronted by a police officer, lies about having taken the property. The defendant further agreed to train NYPD officers on these criteria and report to plaintiffs' counsel on the progress in complying with the criteria while remaining subject to the District Court's jurisdiction for one year. In addition, defendant agreed to pay named plaintiffs $50,000 and to pay all attorneys' fees and costs associated with the action. In return plaintiffs released defendants from all liability arising from the facts of the lawsuit.

Brendan Brown - 10/14/2014


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Unreasonable search and seizure
Content of Injunction
Auditing
Monitoring
Recordkeeping
Reporting
Defendant-type
Jurisdiction-wide
Law-enforcement
General
Failure to supervise
Failure to train
False arrest
Over/Unlawful Detention
Pattern or Practice
Plaintiff Type
Private Plaintiff
Causes of Action State law
Declaratory Judgment Act, 28 U.S.C. § 2201
42 U.S.C. § 1983
Defendant(s) City of New York
Plaintiff Description New York City residents arrested pursuant to "Operation Lucky Bag" sting operations
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Attorneys fees
Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Private Settlement Agreement
Order Duration 2014 - 2015
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)
1:13-cv-02946-SLT-RML (E.D.N.Y.) 09/26/2013
PN-NY-0038-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Amended Complaint 08/07/2013
PN-NY-0038-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Stipulation of Settlement 09/16/2014
PN-NY-0038-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Levy, Robert M. (E.D.N.Y.) [Magistrate]
PN-NY-0038-9000
Townes, Sandra L. (E.D.N.Y.)
PN-NY-0038-9000
Monitors/Masters None on record
Plaintiff's Lawyers Parlatore, Timothy C (New York)
PN-NY-0038-0001 | PN-NY-0038-0002 | PN-NY-0038-9000
Sash, Alan Edward (New York)
PN-NY-0038-0001 | PN-NY-0038-0002 | PN-NY-0038-9000
Siegel, Norman H. (New York)
PN-NY-0038-0001 | PN-NY-0038-0002 | PN-NY-0038-9000
Sprayregen, Sharon (New York)
PN-NY-0038-0001 | PN-NY-0038-0002 | PN-NY-0038-9000
Teitelbaum, Herbert (New York)
PN-NY-0038-0001 | PN-NY-0038-0002 | PN-NY-0038-9000
Defendant's Lawyers Lucas, Andrew Joseph (New York)
PN-NY-0038-9000
Weiss, Dara Lynn (New York)
PN-NY-0038-0002 | PN-NY-0038-9000
Other Lawyers None on record

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