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12cv3389 Rodriguez Et Al v. Winski Et Al. First Amended Complaint

12cv3389 Rodriguez Et Al v. Winski Et Al. First Amended Complaint

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Published by Sam Cohen

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Published by: Sam Cohen on Oct 15, 2012
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10/15/2012

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1.

This is a civil rights action in which Plaintiffs seek relief for the violation of their

rights secured by 42 USC § 1983 and the First, Fourth, and Fourteenth Amendments to

the United States Constitution, and the laws and Constitution of the State of New York

and rules and regulations of the City of New York.

2.

The claims arise from a series of incidents in connection with Occupy Wall Street

protests beginning in and around September 17, 2011 and continuing to the present day in

which the City of New York in concert with various private and public entities have

employed Officers of the New York City Police Department ("NYPD") and others acting

under color of state law, to intentionally and willfully subject Plaintiffs and the public to,

among other things, violations of rights to free speech, assembly, freedom of the press,

false arrest, excessive force, false imprisonment, and malicious prosecution and,

furthermore, purposefully obstructing Plaintiffs carrying out their duties as elected

officials and members of the press, including oversight of the New York City Police

Department.

3.

This unlawful conduct has been undertaken with the intention of obstructing,

chilling, deterring and retaliating against Plaintiffs for engaging in Constitutionally-

protected protest activities.

4.

Plaintiffs seek injunctive relief as well as special, compensatory and punitive

monetary damages against Defendants, as well as an award of costs and attorneys' fees,

and such other and further relief as the Court deems just and proper.

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