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In Cases Against NYPD Crackdowns on Protests Unions' Bid to Intervene Is Partially Granted

By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - ESPN

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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