University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Crisp v. City of New York PN-NY-0035
Docket / Court 1:12-cv-5842-RWS ( S.D.N.Y. )
State/Territory New York
Case Type(s) Policing
Special Collection Occupy
Case Summary
On July 31st, 2012, a resident of New York who was arrested while participating in a the Occupy Wall Street protest filed a lawsuit in the Southern District of New York United States District Court under 42 U.S.C. § 1983 against the city of New York. The plaintiff, represented by private counsel, ... read more >
On July 31st, 2012, a resident of New York who was arrested while participating in a the Occupy Wall Street protest filed a lawsuit in the Southern District of New York United States District Court under 42 U.S.C. § 1983 against the city of New York. The plaintiff, represented by private counsel, asked the court for compensatory and punitive damages, lawyers fees, and injunctive relief requiring that the city of New York create and implement a policy regarding the use of force upon persons involved in public demonstrations that conforms with federal constitutional standards and to create and implement reporting systems to record all uses of force by NYPD officers during public demonstrations. He claimed that his first, fourth, and fourteenth amendment rights were violated.

Specifically, the plaintiff claimed that he was sprayed with pepper spray by a New York City police officer while compliantly demonstrating with the Occupy Wall Street protest group. He said that the pepper spray hit his right eye and burned his face, arms, hands, and lungs. He claimed that he had to miss three days of work as a result of this incident, and still experienced some blurry vision and nervousness and increased heart rate around police officers.

On November 13th, 2012, the District Court (Judge Robert W. Sweet) consolidated this case with several others filed with regards to the same incident including Lawler v. City of New York and Elliot v. City of New York.

Following multiple settlement conferences, the parties reached a settlement agreement on July 8, 2015. The court entered the stipulation and dismissed the case on July 23, 2015, retaining jurisdiction over the matter for the purpose of enforcing the agreement for an undisclosed amount of time.

The details of the settlement are not publicly available. According to The New York Times, the defendant paid a total of $332,500 in damages (between $52,000 to $60,000 to each plaintiff). Additionally, the New York Times reported that the NYPD released a statement saying that the NYPD has not altered its pepper spray guidelines.

Megan Dolan - 05/27/2014
Sean Mulloy - 11/06/2017


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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
Aggressive behavior
Excessive force
Failure to discipline
Failure to supervise
Failure to train
Over/Unlawful Detention
Pattern or Practice
Pepper/OC spray
Restraints : chemical
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. § 1983
Defendant(s) The City of New York
Plaintiff Description Resident of New York City arrested while participating in Occupy Wall Street.
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Unknown
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2015 - n/a
Case Closing Year 2015
Case Ongoing No
Case Listing PN-NY-0034 : Lawler v. City of New York (S.D.N.Y.)
PN-NY-0043 : Elliot v. City of New York (S.D.N.Y.)
Additional Resources
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  New York City to Pay Up to $75 Million Over Dismissed Summonses
New York Times
Date: Jan. 23, 2017
By: Benjamin Weiser (New York Times)
[ Detail ] [ External Link ]

  Bravo v. Board of Commissioners of Dona Ana County
http://www.bazelon.org/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

Docket(s)
1:12-cv-5842-rws (S.D.N.Y.)
PN-NY-0035-9000.pdf | Detail
Date: 07/23/2015
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint and Demand for a Jury Trial [ECF# 1]
PN-NY-0035-0001.pdf | Detail
Date: 07/31/2012
Source: PACER [Public Access to Court Electronic Records]
Protective Order [ECF# 18] (S.D.N.Y.)
PN-NY-0035-0002.pdf | Detail
Date: 11/04/2013
Source: PACER [Public Access to Court Electronic Records]
Stipulation and Order of Dismissal [ECF# 30-1] (S.D.N.Y.)
PN-NY-0035-0003.pdf | Detail
Date: 07/02/2015
Source: PACER [Public Access to Court Electronic Records]
Judges Dolinger, Michael H. (S.D.N.Y.) [Magistrate]
PN-NY-0035-9000
Sweet, Robert Workman (S.D.N.Y.)
PN-NY-0035-0002 | PN-NY-0035-0003 | PN-NY-0035-9000
Plaintiff's Lawyers Moisan, Jane Leanne (New York)
PN-NY-0035-9000
Rankin, David Bruce (New York)
PN-NY-0035-0001 | PN-NY-0035-0003 | PN-NY-0035-9000
Defendant's Lawyers Lapietra, Louis C. (New York)
PN-NY-0035-9000
Lucas, Andrew Joseph (New York)
PN-NY-0035-9000
Weiss, Dara Lynn (New York)
PN-NY-0035-0003 | PN-NY-0035-9000

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