| In Cases
Against NYPD Crackdowns on Protests
Unions' Bid to Intervene Is Partially
Granted
By Matthew
Russell Lee, Patreon
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SDNY COURTHOUSE,
March 4 – 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 April 28, the
motion was denied: "ORDER
DENYING MOTIONS TO INTERVENE:
For the reasons set forth
above, the three unions'
motions to intervene are
denied, without prejudice to
renewal if the City agrees to
any proposed settlement or
consent decree that impacts
the unions
collective-bargaining rights,
or if the Court proposes to
order injunctive relief that
does so... the Court denies
the unions’ motion to
intervene in the merits of
this litigation based on a
purported interest in their
collective-bargaining rights.
This denial is without
prejudice to renewal if
changed circumstances give
rise to a legitimate impact on
the unions’ collective
bargaining rights – such as if
a settlement is agreed to or
injunctive relief is ordered."
In March
2022 it was partially
reversed. And on March 4,
Magistrate Judge Gabriel W.
Gorenstein held another
conference, on discovery. The
city has rescheduled a number
of depositions. For one, it
cited the funeral of two
murdered police officers. But
on the rest, it was not as
convincing - Judge Gorenstein
said detailed reasons must be
provided, and that extensions
will not be forever.
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.
What will be the
political situation by then,
for the state Attorney General
and the Governor?
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,
21-cv-322 (McMahon /
Gorenstein)
***
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