SPECIAL FEDERAL Heidi Grossman, Frances Sands
LITIGATION
CHIEF Muriel Goode-Trufant DEPUTIES
The Special Federal Litigation Division defends the City and its employees in civil rights cases brought in federal court
against law enforcement o?cials, including police o?cers, correction o?cers, and prosecutors. Claims often challenge
a judgment made by an individual police or correction o?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.
Progress in Demonstration Cases
Division attorneys continue to handle close to 80 cases related to demonstrations, many of which stem from protests occurring
during the 2004 Republican National Convention (RNC). In 2010, the City prevailed in the first decision addressing the merits
of the arrests made during the RNC. In another major development, the Second Circuit Court of Appeals upheld the City’s
right to withhold sensitive materials from plaintiffs about arrests made during the 2004 RNC—including details on the identities
of undercover officers. The court determined that the City’s public safety concerns outweighed the plaintiffs’ right to access the
information.
Handling Complex Litigation
The Division is responsible for varied complex litigation, including several class actions relating to stop-and-frisk activities by police,
arrest charges, interrogations, grand jury proceedings, disclosure of exculpatory evidence, use of DNA evidence, searches of
arrestees and detainees, and training and discipline of City personnel, among other issues. In 2010, the Division settled a longstanding class-action case involving routine strip searches at Rikers Island and other City jails for people arrested for misdemeanor
drug and weapons charges.
Other legal developments:
Gorman Drunk Driving Case - In a case won by the Division—involving a drunk driver’s allegations that he was illegally stopped
by police—the plaintiff’s lawyer ultimately paid the City for costs incurred. Plaintiff Robert Gorman was pulled over by highway
patrol for driving erratically at over 80 miles per hour and had a blood alcohol level of almost three times the legal limit. Division
attorneys litigated the case aggressively and established that Gorman’s claims of an illegal stop were wholly unsubstantiated.
Sean Bell Settlement - Division attorneys settled claims with Joseph Guzman, Trent Benefield, and the estate of Sean Bell
resulting from a high-profile Queens shooting. The complex, well-publicized case highlighted the challenges police officers must
face each day.
Practice Spotlight
Creative Settlement in Excessive Force Case
In an example of creative legal strategy, Division attorneys skillfully resolved remaining claims in
a longtime litigation resulting from the shooting of an emotionally disturbed man. He had lunged
towards officers with a weapon and was tragically killed. Most of the claims against the officers
were dismissed in court. However, on behalf of two officers remaining in the lawsuit, the City agreed
to meet with the mother of the deceased man and NYPD officials. The sides shared a constructive
discussion about what happened during the incident and how officers respond to emotionally
disturbed persons.
Jovanovic Case - The court dismissed Dr. Oliver Jovanovic’s claims that his civil rights were violated by the City, a police detective,
and an assistant district attorney. The high-profile, longstanding matter involved the 1996 arrest and subsequent conviction of
Jovanovic, who was at the time a Ph. D student at Columbia University, for kidnapping and assaulting a student he met on the
Internet.
33
34