On July 15, 2014, the plaintiff, a New York City resident, filed a lawsuit in the U.S. District Court for the Southern District of New York under 42 U.S.C. §§ 1983 and 1988. The plaintiff, represented by private counsel, alleges that the New York Police Department's ("NYPD") policy and practice of interfering with the right of individuals to film, photograph, videotape or record NYPD officers performing their official duties in public places violates the First Amendment. Furthermore, the plaintiff alleged that her detention violates her Fourth Amendment rights. Plaintiff is seeking monetary damages, a declaratory judgment that plaintiff's First and Fourth Amendment rights were violated, and a permanent injunction preventing the City of New York from retaliating against anyone who, without interfering with police activity, records police officers performing official duties in public.

Plaintiff's claims arise out of a September 25, 2013 incident in which she was allegedly arrested by NYPD officers after filming NYPD and paramedics' interactions with an apparently homeless person. She alleges that after she began filming the incident, NYPD officers began filming her, at which point she informed them they had no right to film her. The NYPD officers arrested her subsequent to a "verbal exchange." All charges against plaintiff related to the incident were eventually dismissed.

In support of the proposition that the NYPD maintains such a policy of interfering with the public recording them performing their official duties, the complaint cites numerous documented instances of such interference, letters of concern to the NYPD from major media outlets, and the allegation that the NYPD has failed to adequately respond to those incidents.

The case is currently pending.

Brendan Brown - 09/30/2014


compress summary