MacNamara, et al. v. City of New York, et al., Civil Action No. 04 Civ. 9216 (S.D.N.Y.)
**If you have your own RNC-related lawsuit and have questions about this Class Action, you should immediately contact your lawyer. **
CONTENTS
LEGAL RIGHTS AND OPTIONS FOR CLASS MEMBERS
THE LAWYERS REPRESENTING CLASS MEMBERS WHO DO NOT ALREADY HAVE THEIR OWN COUNSEL
Second Amended Class Action Complaint
Answer to Second Amended Class Action Complaint
Court Order Certifying the Case as a Class Action
Exclusion Request Form
What is the case about?
During the week of the 2004 Republican National Convention (RNC) approximately 1800 people were arrested in New York City and designated RNC-related arrestees. Approximately 1400 RNC-related arrestees were arrested for alleged non-criminal conduct such as Parading Without a Permit and Disorderly Conduct.
With only a few exceptions, RNC-related arrestees were detained and processed pursuant to the New York Police City Police Department (NYPD)’s RNC Mass Arrest Processing Plan (MAPP), including being held at Pier 57 (a former bus depot located on the Hudson River); being taken to 125 White Street in lower Manhattan for fingerprinting and processing, including State-wide and FBI criminal background checks; and eventually being released from Manhattan’s Criminal Court at 100 Centre Street. As a result of the MAPP, RNC-related arrestees typically spent 24-48 hours in custody (some even longer) for alleged offenses that are usually processed in 3 to 4 hours, without fingerprinting, by the issuance of a summons with a date to come to court.
The charges against approximately 90% of RNC-related arrestees were eventually dismissed, either on the motion of the District Attorney, or after acquittal at trial, or through an Adjournment in Contemplation of Dismissal (ACD).
What does it mean that the case is a class action?
Judge Richard J. Sullivan of the United States District Court for the Southern District of New York has allowed this lawsuit to proceed as a class action on behalf of people arrested at certain locations in New York City during the week of the RNC, and on behalf of certain people detained after their arrest at Pier 57. To read the Court’s Order certifying the lawsuit as a class action, click here.
In a class action lawsuit, one or more people called “Class Representatives” (in this case, Deirdre MacNamara and 23 other RNC-related arrestees) sued on behalf of other people who have similar claims. These people together are a “Class” or “Class Members.” The individuals who sued, and all of the Class Members like them, are called Plaintiffs. The municipality and individuals they sued (in this case, the City of New York and certain members of its Police Department) are called Defendants. One court resolves the issues for everyone in the Class, except for those people who choose to exclude themselves from the Class.
What are the claims in the case?
The 24 Class Representatives in this Class Action allege on behalf of themselves and the Class Members (collectively, "Plaintiffs") three types of claims. First they allege that during the RNC, the NYPD adopted and implemented an unlawful policy of indiscriminate mass arrest of people engaging in protected First Amendment activity, people observing such activity, and people merely passing by or in the vicinity of such activity. Plaintiffs further allege that the NYPD’s policy of indiscriminate mass arrest involved the use of mesh netting or lines of police officers to corral large groups of protestors or perceived protestors; failure to establish individualized probable cause for each arrest; failure to distinguish bystanders, media personnel, and legal observers from the corralled groups prior to making arrests; failure to give dispersal orders that were audible to arrestees; and failure to provide a reasonable opportunity to disperse prior to making arrests.
Plaintiffs also allege that the MAPP for RNC-related arrests unlawfully targeted people engaged in protected First Amendment activity and was designed intentionally or at least with deliberate indifference to prolong the amount of time RNC-related arrestees were in custody, resulting in unreasonable and excessive detention. For example, the MAPP required all RNC-related arrestees to be fingerprinted but provided that arrestees be detained overnight in a location (Pier 57) without fingerprinting machines.
Plaintiffs further allege that RNC arrestees were detained in cruel and inhumane conditions, including excessively tight and prolonged handcuffing with plastic flexcuffs; being held in cells made of chain-link fence topped with razor wire at Pier 57 (a former City bus depot) with oily waste on the concrete floors and where recent environmental reports of the facility had identified code deficiencies with the electrical, plumbing and fire protection systems; being denied adequate access to restroom facilities at Pier 57; being denied access to telephones or lawyers; and being harassed and humiliated by police officers while in custody. To read the most recent version of Plaintiffs’ Complaint in this case, click here.
Defendants (the City of New York and certain members of its Police Department) deny that they did anything wrong. Defendants say that the 1800 RNC-related arrests were all lawful and that the length of detention and conditions of confinement were reasonable.
To read Defendants’ Answer to the most recent version of Plaintiffs’ Complaint, click here.
Has the Court decided who is right?
The Court has not decided whether Plaintiffs or Defendants are correct under the law. In other words, the Court has not decided whether Defendants did anything wrong. By certifying the Class, the Court is not suggesting that either side will win or lose.
What are the Plaintiffs asking for?
Plaintiffs are asking for money damages for Class Members.
Is there any money available now?
No money is available now because the Court has not yet decided whether Defendants did anything wrong, and the two sides have not settled the case. There is no guarantee that money will be obtained in the future. If money is obtained with respect to claims that apply to Class Members, Class Members who have not requested to be excluded from this Class Action will be notified about how to ask for a share.
Who is in the class?
The Court decided that RNC-related arrestees who fit one or more of the following three (A, B, C) categories are part of the Class:
A. Arrested at any of the following dates and locations:
B. Regardless of where arrested, detained at Pier 57 and charged only with violation-level offenses (e.g., Disorderly Conduct, Parading Without a Permit).
C. Regardless of where arrested or the level of charges, handcuffed with plastic flex cuffs and detained at Pier 57.
Are any RNC-related arrestees not part of the Class?
RNC-related arrestees who were not arrested at one of the six locations described in Category A above and who were not detained at Pier 57 are not part of the Class.
RNC-related arrestees who were not arrested at one of the six locations described in Category A, who were not handcuffed with plastic flex cuffs and who were charged with a misdemeanor or felony are not part of the Class (even if detained at Pier 57).
RNC-related arrestees who brought their own lawsuit and have already settled with the City of New York (e.g., received money in exchange for dismissing their lawsuit and waiving the right to bring any future claims about their RNC-related arrest) are not part of the Class.
How do I know if I am a Class Member?
You are a class member if you fit one or more of Categories A, B or C described above.
A Class Notice is being sent by mail to all RNC-related arrestees except for:
If you believe that you are an RNC-related arrestee but do not have your own lawsuit and did not receive a Class Notice, please contact Beldock Levine & Hoffman LLP at (212) 490-0400 or 99 Park Avenue, 16th Floor, New York, New York 10016, ATTN: 2004 RNC Class Action.
LEGAL RIGHTS AND OPTIONS OF CLASS MEMBERS
|
DO NOTHING |
Stay in this lawsuit. Await the outcome. Give up certain rights. |
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ASK TO BE EXCLUDED |
Get out of this lawsuit. Get no benefits from it. Keep your rights. |
What if I do nothing at all?
If you fit one or more of the three (A, B, C) categories above (meaning you are a Class Member), you don't have to do anything now if you want to keep the possibility of receiving money from this lawsuit. By doing nothing you are staying in the Class. If you stay in the Class and Plaintiffs obtain money on claims that relate to you as the result of either a trial or a settlement, you will be notified about how to apply for a share. Keep in mind that if you do nothing now, regardless of whether Plaintiffs ever obtain any money, you will not be able to sue, or continue to sue as part of any other lawsuit about the same legal claims that are the subject of this Class Action. You will also be legally bound by all of the Orders the Court issues and judgments the Court makes in this Class Action.
What if I already have my own lawsuit for my RNC-related arrest?
If you already have your own lawsuit for your RNC-related arrest and want to continue with that lawsuit, you need to ask to be excluded from the Class. If you exclude yourself from the class - which also means to remove yourself or to "opt out" of the Class - you won't receive any money from this Class Action even if Plaintiffs obtain money as a result of a trial or a settlement, and you will not be legally bound by the Court's judgments in this Class Action. However, your already existing lawsuit will continue and you will retain your right to recover relief or money in your existing lawsuit.
If you do not already have your own lawsuit and you exclude yourself from the Class, you will retain your right to sue individually by hiring your own lawyer and proving your own claims, assuming that the time has not already passed for you to bring a separate lawsuit. If this is an option you are considering, you should immediately consult with your own lawyer because your individual claims are subject to a Statute of Limitations.
How do I ask the Court to exclude me from the Class?
If you already have your own case relating to your RNC arrest, your lawyer should have received a copy of this notice and can ask, on your behalf, to exclude you from the Class. If you have not already communicated with your lawyer about excluding you from the Class, please immediately contact your lawyer regarding this notice.
If you do not already have your own case with your own lawyer and want to be excluded from the Class, you must send in an "Exclusion Request" form stating that you want to be excluded from MacNamara v. City of New York. Click here to obtain the Exclusion Request form. You must mail your Exclusion Request form to: 2004 RNC Class Action, c/o Kurtzman Carson Consultants LLC, P.O. Box 6177, Novato CA 94948-6177. Your Exclusion Request must be postmarked on or before November 28, 2011.
If I don’t have my own lawsuit, can I still ask the Court to exclude me from the Class?
Yes. If you exclude yourself from the Class – which also means to remove yourself from the Class or to “opt out” of the Class – you will not be legally bound by the Court's judgments in this Class Action and you won’t receive any money from this lawsuit even if the Plaintiffs obtain money as a result of a trial or a settlement. If you exclude yourself from the Class, you may then be able to sue about your RNC-related arrest. If you are considering bringing your own lawsuit, you should promptly consult with an attorney because your time for bringing a lawsuit is governed by a Statute of Limitations. As noted above, if you want to be excluded from the Class, your “Exclusion Request” form must be post-marked by November 28, 2011 to: 2004 RNC Class Action, c/o Kurtzman Carson Consultants LLC, P.O. Box 6177, Novato CA 94948-6177.
THE LAWYERS REPRESENTING CLASS MEMBERS WHO DO NOT ALREADY HAVE THEIR OWN COUNSEL
Who is Class Counsel?
The Court decided that the law firm of Beldock Levine & Hoffman LLP, of New York, New York, is qualified to represent all Class Members who are not already represented by their own lawyers. Beldock Levine & Hoffman LLP is called “Class Counsel,” and is experienced in handling similar cases against municipal defendants. More information about Beldock Levine & Hoffman is available at www.blhny.com.
Should Class Members get their own lawyers?
If you fit one or more of the three (A, B, C) categories above (meaning that you are a Class Member) and you do not already have your own lawsuit with your own lawyer, you do not need to hire your own lawyer because Class Counsel is working on your behalf. If you want your own lawyer and do not yet have one, you may have to pay for that lawyer.
How will Class Counsel be paid?
If Class Counsel obtains money for the Class, they may ask the Court for fees and expenses. Class Members will not have to pay Class Counsel's fees and expenses. If the Court grants Class Counsel's request, the fees and expenses would either be deducted from any money obtained for the Class or paid separately by the City of New York. If you already have your own case with your own lawyer, your lawyer will be paid according to the terms you and your lawyer have already agreed upon.
Still Have Questions?
Call (212) 490-0400 or write to: RNC Class Action, Beldock Levine & Hoffman LLP, 99 Park Avenue, 16th Floor, New York, NY 10016.