SPECIAL FEDERAL
LITIGATION
Muriel Goode-Trufant, Chief
Heidi Grossman, Deputy
Frances Sands, Deputy
The Special Federal Litigation Division defends the City and its employees in civil rights cases brought in federal
court against law enforcement of?cials, including police of?cers, correction of?cers and prosecutors. Claims often
challenge a judgment made by an individual police or correction of?cer in performing his or her duties; Police
Department policies as to how best to secure public safety; or Department of Correction policies regarding the
care and custody of individuals detained by the criminal justice system. Pending cases include a wide range of
factual circumstances from the policing of large-scale public events to the justi?cation for an individual arrest.The
legal principles which govern case outcomes are part of an ever-evolving body of constitutional law set forth in
decisions by the U. S. Supreme Court and other federal courts.
Demonstration Cases
Division attorneys are handling approximately 80 cases
related to demonstrations, including two class-action
lawsuits. Most of these cases relate to demonstrations
occurring during the 2004 Republican National
Convention. The remaining cases are varied, including
cases concerning abortion clinic protests, the 2003 U.S.
Out-of-Iraq March, and Critical Mass bike rides.
Complex Litigation
The Division also has an array of complex litigation,
including, but not limited to, several class actions,
which implicate policies ranging from stop-and-frisk
activities, arrest charges, interrogations, grand jury
proceedings, disclosure of exculpatory evidence, use
of DNA evidence, searches of arrestees and detainees
to training and discipline of City personnel.
police lieutenant. Police had responded to a report
of a man with a gun. The armed man fought with
police and held a gun to the head of a lieutenant,
whereupon a police sergeant at the scene shot the
man. A con?dential informer who witnessed the incident
unfold later testi?ed at trial.
False Arrest Claims After a Man Assaults a Traf?c Agent
The Division won a trial in which the plaintiff, a full-time
sanitation worker with the Department of Sanitation,
alleged that he was falsely arrested and maliciously
prosecuted for assaulting a traf?c agent. The plaintiff,
who had a two-year-old child in the car, refused to
move at a traf?c agent’s request before assaulting
the agent at the scene. He was arrested and claimed
chronic psychological injuries as a result of the incident.
After deliberating for less than an hour, the jury found
for the City.
Trial Victories
Division attorneys tried an array of cases in
2009, including the following:
A Balloon Artist’s Suspicious Device
The Division prevailed in an excessive force
lawsuit ?led against three NYPD of?cers
by a Central Park balloon artist who was
arrested after leaving an unattended,
suspicious device in a local café and
disobeying police commands when later
confronted about it. Although the object
was found to be harmless after an NYPD
bomb squad inspection, the Court found
that it was feasible for police to reason
that the man was conducting a “test run”
to determine how authorities would react
to a suspicious-looking device – a strategy
often employed by terrorists in planning
attacks and training operatives.
Police Case Following a Tense Encounter
Division attorneys were victorious in a trial
concerning the shooting death of a man
who was holding a gun to the head of a
23
Student Claims Excessive Force
In another trial win, a Ph.D.
student claimed excessive force
after attempting to run from
police who had discovered that
his friend was spray painting a
building. The plaintiff claimed
that of?cers treated him roughly.
However, Division attorneys
presented a different account,
with the of? cers testifying that
the plaintiff fell while ?eeing. The
plaintiff was confronted with a
recorded statement he gave to
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