On December 17, 2012 a Brooklyn resident filed a 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, Article 1 Section 8 of the New York Constitution, and Article 1 Section 12 of the New York State Constitution. The ...
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On December 17, 2012 a Brooklyn resident filed a 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, Article 1 Section 8 of the New York Constitution, and Article 1 Section 12 of the New York State Constitution. The plaintiff, represented by the New York Civil Liberties Union, asked the court for compensatory and punitive damages, attorneys' fees, and costs, claiming that the NYPD unlawfully arrested her for filming a stop and frisk in her neighborhood. The complaint explains that it challenges the NYPD's practice of interfering with the right of individuals to film police activity in public areas.
Specifically, the plaintiff claimed that on June 5, 2012 after leaving the subway and on the walk to her house, she witnessed two NYPD officers questioning and frisking three youths she recognized from the neighborhood. To the plaintiff it appeared the youths were only fixing an upturned bicycle. The youths repeatedly protested to the officers that they were only fixing the bicycle and that they had done nothing wrong. She asked the officers what they were doing, and when they brushed off her question began to film the event on her cellphone. The officers repeatedly told her to stop filming and to step further back.
After repeatedly requesting that the plaintiff stop filming, one of the officers shoved her. The officers' sergeant was then called to the scene. Subsequently, the plaintiff informed the sergeant that she wished to file a formal complaint. Directly after voicing her desire to file a complaint, she was arrested and transported to the precinct where she was held for about an hour and a half. Her phone and purse were confiscated and the officers repeatedly asked her if she still wished to file a complaint. After issuing her a summons for disorderly conduct and receiving verbal confirmation from her that she did not intend to file a complaint, the officers released the plaintiff on her own cognizance. No criminal charges were filed against her.
The case remains in discovery as of February 20, 2014.Nick Kabat - 02/24/2014