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Case Name Goodman v. City of New York PN-NY-0036
Docket / Court 1:14-cv-05261 ( S.D.N.Y. )
State/Territory New York
Case Type(s) Policing
Speech and Religious Freedom
Case Summary
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 ... read more >
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 sought 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 also alleged that the defendants used excessive force during arrest.

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."

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.

On February 18, 2015, plaintiff's claims for false arrest, malicious prosecution, and First Amendment retaliation were dismissed due to the defendant's qualified immunity. This left only the excessive force allegation for litigation. On March 11, 2015, the plaintiff filed an interlocutory appeal to the Second Circuit on these dismissed claims, but shortly after withdrew it because on April 20, 2015, a private settlement agreement was reached between the parties and the case was dismissed with prejudice.

Brendan Brown - 09/30/2014


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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
Excessive force
Failure to train
False arrest
Over/Unlawful Detention
Pattern or Practice
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. § 1983
Declaratory Judgment Act, 28 U.S.C. § 2201
State law
Defendant(s) City of New York
Plaintiff Description A resident of New York City arrested after filming NYPD officers performing official duties
Class action status sought No
Class action status granted No
Prevailing Party Unknown
Public Int. Lawyer No
Nature of Relief Unknown
Source of Relief Settlement
Form of Settlement Private Settlement Agreement
Case Ongoing No
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)
1:14-cv-05261 (S.D.N.Y.)
PN-NY-0036-9000.pdf | Detail
Date: 04/20/2015
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint
PN-NY-0036-0001.pdf | Detail
Date: 07/15/2014
Source: Bloomberg Law
Order and Opinion [ECF# 26] (S.D.N.Y.)
PN-NY-0036-0002.pdf | Detail
Date: 02/18/2015
Source: PACER [Public Access to Court Electronic Records]
Stipulation and Order of Dismissal [ECF# 30] (S.D.N.Y.)
PN-NY-0036-0003.pdf | Detail
Date: 04/20/2015
Source: PACER [Public Access to Court Electronic Records]
Judges McMahon, Colleen (S.D.N.Y.)
PN-NY-0036-0002 | PN-NY-0036-0003 | PN-NY-0036-9000
Plaintiff's Lawyers Siegel, Norman H. (New York)
PN-NY-0036-0001 | PN-NY-0036-9000
Sprayregen, Sharon (New York)
PN-NY-0036-0001 | PN-NY-0036-9000
Teitelbaum, Herbert (New York)
PN-NY-0036-0001 | PN-NY-0036-0003 | PN-NY-0036-9000
Ward, Earl (New York)
PN-NY-0036-0001 | PN-NY-0036-9000
Defendant's Lawyers Zuckerman, Mark (New York)
PN-NY-0036-0003 | PN-NY-0036-9000

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