By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - ESPN
SDNY COURTHOUSE, July 21 – Amid protests in New York City after the killing of George Floyd, in Mott Haven in The Bronx on June 4, 2020 police officers stood on top of a car and smashed trapped people in the head, while pepper spraying them.
On January 14, 2021, New York State Attorney General Letitia James sued New York City and Mayor Bill De Blasio, Police Commissioner Dermot Shea and Chief of Department Terence Monahan, who has personally present for the Mott Haven beat down.
On February 22 in in a rare in-person proceeding in the U.S. District Court for the Southern District of New York, SDNY Chief Judge Colleen McMahon held a proceeding. Inner City Press covered it, also in-person, below.
On March 3, the Detectives Endowment Association of New York City filed their motion to interview, stating inter alia that "We are not robots, not widgets... We can help in this action. We belong at this table."
On July 9, dismissal of the individual defendants, concluding: "There is, however, one aspect of the Sow plaintiffs’ curfew order enforcement claim that can proceed. Chief Monahan is alleged to have been present at the Mott Haven protest that is the subject of the Sow complaint. The plaintiffs allege that he directed the NYPD’s planning and response to the Mott Haven protest. Specifically, the Sow plaintiffs allege that, at Chief Monahan’s direction, NYPD officers surrounded and kettled the protesters shortly before 8:00 PM, which made it impossible for them to comply with the curfew order and resulted in their being falsely arrested. That claim cannot be dismissed at this juncture, either on the merits or on the ground of qualified immunity. CONCLUSION Defendants’ motion to dismiss the amended complaints is granted in part and denied in part, as follows: 1. All claims against Defendants de Blasio, Shea and Monahan in their official capacities are dismissed. 2. All claims against Defendant Shea in his individual capacity are dismissed. 3. The Sow plaintiffs’ claims relating to the issuance and enforcement of the curfew orders against Defendant de Blasio in his individual capacity are dismissed. The Clerk of Court is directed to close the motion at docket numbers 105. Dated: July 9, 2021."
On July 20, 2021 Magistrate Judge Gabriel W. Gorenstein held a discovery conference, and Inner City Press covered it. Judge Gorenstein expressed surprise at the City trying to hold depositions before giving documents. The City for its part, says "Officer Jean-Pierre Did Not Walk Out of a Deposition." Watch this site.
Back on February 22, the lawyers were spread out, with the City's Corporation Counsel in the jury box, and one of AG James' lawyers in the gallery with Inner City Press.
Judge McMahon said she did not want these cases to hang around, and would put them on a "rocket docket." She said amended pleaders are due March 5, with motions to dismiss three weeks after that. All discovery must be completed by the end of the year. There are political and electoral ramifications.
One of the City's lawyers began to ask for a stay, saying getting Civilian Complaint Review Board documents will not be possible. Judge McMahon cut in and said no, she would write "Denied" on any such motion, that other documents can surely be produced.
Chief Magistrate Judge Gabriel W. Gorenstein will handle discovery disputes.
In the docket is a letter from the Detectives Endowment Association; Judge McMahon surmised they may feel that the City will not adequately represent their interests.
Judge McMahon said this was her first time on the bench in her 24th floor courtroom since a trial in Fall 2020. She added that there will be no more masks or plexiglass when she next meets the parties.
Jump cut to April 2022 - plaintiffs' attorney Mx. J. Rene Green wrote that they are due $7000 in fees for violations of Orders at Dkt. Nos. 365 and 352. The City replied that yes, the money is owed but it takes time through the Comptroller's Office.
And that delay continued. So on May 26, it was ordered: "ORDER granting (544) Letter Motion for Discovery in case 1:20-cv-08924-CM. No opposition having been filed to the relief requested in this letter, the request for relief is granted. The City is ordered to pay Mx. J. Remy Green $9,045.00, pursuant to Fed. R. Civ. P. 37 for the reasons stated at the conference held on April 12, 2022. The payment shall be made by July 11, 2022. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/26/2022)."
On July 21, 2022 Judge Gorenstein had another conference, to discuss among other things deposition. Inner City Press covered it. Early on it was disclosed that the Hernandez plaintiff had, only the night before, accepted a rule 26 offer, such that only 10 depositions remains: six among the Roland plaintiffs, four among the Grey plaintiffs.
Talk turned to depositions of the defendants / police officers. The argument was made that some will be tied up by the UN General Assembly - last year, a COVID super spreader - in September. The question arose, But what about outer borough officers?
The lead case is People of the State of New York v. City Of New York et al., the case is now In Re: New York City Policing During Summer 2020 Demonstrations, 20-cv-8924 (McMahon / Gorenstein)
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