On April 4th, 2012, a professional video journalist filed a lawsuit in the United States Eastern District of New York against Suffolk County and one of its police officers, alleging violations of the plaintiff's rights under the First, Fourth, and Fourteenth Amendments, the Privacy Protection Act, and state law. The plaintiff, represented by the New York Civil Liberties Union and private attorneys, asked the court for a declaratory judgment, compensatory damages, punitive damages, injunctive, and attorney's fees.

Specifically, the plaintiff claimed that while filming a police proceeding, the defendant police officer ordered him to "go away." The plaintiff then moved to another public area farther away and continued filming, at which point the defendant police officer drove his car towards plaintiff, allegedly causing plaintiff to fear for his safety. The defendant police officer then arrested the plaintiff and confiscated his camera and other belongings. The plaintiff was detained for approximately two hours at the police station. The complaint also argued the defendant police officer's actions were the result of a department policy to engage in such unconstitutional behavior.

The parties engaged in discovery throughout 2012 and 2013, and a trial was scheduled for June 9, 2014. Before trial could take place, the parties reached a settlement agreement. The parties presented the proposed settlement agreement to the Suffolk County Legislature, as required for municipal settlements by local rules, and the Legislature authorized the settlement and payment on May 8, 2014. The parties executed a stipulation of dismissal without prejudice on May 15, 2014.

In consideration for the plaintiff’s release of all claims against the defendants, Suffolk County paid $200,000, including attorney’s fees and costs. The agreement also outlined Department General Orders issued by the Suffolk County Police Department (SCPD), including one relating to interacting with and releasing information to the media, one relating to bystanders at police incidents, one relating to recorded media in the possession of bystanders and media personnel, and one relating to dispute resolution between SCPD and members of the media arising out of or in connection with news media coverage at scenes of police activity. The SCPD also instituted a video training module addressing the rules and procedures of the SCPD and the constitutional right of the public and press to observe, photograph, and record police activity in locations open to the public. Suffolk County, through SCPD, was also to form a Police-Media Relations Committee to enhance communications between the SCPD and the media.

Magistrate Judge William D. Wall entered the stipulation and order of settlement on July 22, 2014. The case is now closed.

James Herr - 02/24/2014
Sarah McDonald - 08/13/2018


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