University of Michigan Law School
Civil Rights Litigation Clearinghouse
HOME
ABOUT
FOR TEACHERS
SEARCH
QUESTIONS
RECENT ADDITIONS
feedback/
suggestions
log in/
register
Case Profile
new search
page permalink
Case Name
Occupy Wall St. v. City of New York.
PN-NY-0033
Docket / Court
1:12-cv-04129-GBD ( S.D.N.Y. )
State/Territory
New York
Case Type(s)
Policing
Special Collection
Occupy
Case Summary
On May 23, 2012, Occupy Wall Street, an unincorporated association engaged in continuous political protest, filed a lawsuit in the United States District Court for the Southern District of New York against the City of New York. The plaintiffs, represented by private counsel, claimed that the City ...
read more >
On May 23, 2012, Occupy Wall Street, an unincorporated association engaged in continuous political protest, filed a lawsuit in the United States District Court for the Southern District of New York against the City of New York. The plaintiffs, represented by private counsel, claimed that the City seized or damaged property amounting to over 3,600 books and related library furnishings. Specifically, plaintiffs contended that the City's failure to adequately supervise and train officers led to them to convert over $43,000 worth of property. Plaintiffs brought suit under 42 U.S.C. §1983 for violations of their First, Fourth, and Fourteenth Amendment rights, and sought damages in the amount of the lost property, punitive damages against unspecified officers who acted outrageously, and litigation costs.
The case was assigned to Judge George B. Daniels. After some procedural preliminaries, on April 9, 2013 the parties settled their dispute. The settlement was with prejudice and without costs, expenses, or additional fees outside of the agreement. According to the settlement, the City of New York agreed to pay defendants $47,000 for the loss of property. The City also agreed to pay attorney's fees in the amount of $185,000 pursuant to 42 U.S.C. §1988, and $1,248.58 for costs and expenses incurred in the matter. The settlement did not include any injunctive terms.
Richard Jolly - 05/17/2014
compress summary
- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Constitutional Clause
Due Process
Freedom of speech/association
Unreasonable search and seizure
Defendant-type
Jurisdiction-wide
Law-enforcement
General
Failure to train
Pattern or Practice
Plaintiff Type
Private Plaintiff
Causes of Action
State law
42 U.S.C. § 1983
Case Details
click to show/hide detail
Defendant(s)
Mayor of New York
Police Commissioner of New York
Sanitation Commissioner of New York
Plaintiff Description
Occupy Wall Street, an unincorporated association engaged in continuous political protest in New York.
Class action status sought
No
Class action status granted
No
Filed Pro Se
No
Prevailing Party
Plaintiff
Public Int. Lawyer
No
Nature of Relief
Attorneys fees
Damages
Source of Relief
Settlement
Form of Settlement
Court Approved Settlement or Consent Decree
Voluntary Dismissal
Order Duration
2013 - n/a
Filed
05/23/2012
Case Closing Year
2013
Case Ongoing
No
Additional Resources
click to show/hide detail
See this case
at CourtListener.com
(May provide additional documents and, for active cases, real-time alerts)
Documents
click to show/hide detail
Court
Docket(s)
S.D.N.Y.
04/09/2013
1:12-cv-4129
PN-NY-0033-9000.pdf
|
Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
S.D.N.Y.
05/23/2012
Complaint [ECF# 1]
PN-NY-0033-0001.pdf
|
Detail
Source: PACER [Public Access to Court Electronic Records]
S.D.N.Y.
06/25/2012
Third Party Complaint [ECF# 9]
PN-NY-0033-0002.pdf
|
Detail
Source: PACER [Public Access to Court Electronic Records]
S.D.N.Y.
04/09/2013
Stipulation of Discontinuance and Settlement [ECF# 33]
PN-NY-0033-0003.pdf
|
Detail
Source: PACER [Public Access to Court Electronic Records]
People
click to show/hide detail
show all people docs
Judges
Daniels, George B.
(S.D.N.Y.)
show/hide docs
PN-NY-0033-0003 | PN-NY-0033-9000
Maas, Frank S.
(S.D.N.Y.) [Magistrate]
show/hide docs
PN-NY-0033-9000
Plaintiff's Lawyers
Cardozo, Michael A.
(New York)
show/hide docs
PN-NY-0033-0002
Siegel, Norman H.
(New York)
show/hide docs
PN-NY-0033-0001 | PN-NY-0033-0003 | PN-NY-0033-9000
Sprayregen, Sharon
(New York)
show/hide docs
PN-NY-0033-0001
Teitelbaum, Herbert
(New York)
show/hide docs
PN-NY-0033-0001 | PN-NY-0033-0003 | PN-NY-0033-9000
Defendant's Lawyers
Ciappetta, Nicholas Robert
(New York)
show/hide docs
PN-NY-0033-9000
Neufeld, Sheryl Rebecca
(New York)
show/hide docs
PN-NY-0033-0002 | PN-NY-0033-0003 | PN-NY-0033-9000
Other Lawyers
Flaum, Douglas H.
(New York)
show/hide docs
PN-NY-0033-0003 | PN-NY-0033-9000
- click to show/hide ALL -
new search
page permalink
- top of page -
Contact
Report an Error
Privacy Policy