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1
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COMPLAINT
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EXTRACTED KEY WORDS
PLAINTIFF OFFENSES YORK CITY POLICE UNITED STATES DESK APPEARANCE TICKET JAIL NYPD PRECINCT MARTENS COURT CONSTITUTION MINOR OFFENSES CONJUNCTION OUTSTANDING WARRANTS EXTENDED PERIODS DEFENDANTS RUDOLPH GIULIANI PARTICIPATING CARNEGIE HALL PLAINTIFF PAMELA MARTENS CHARLES KING SOUTHERN DISTRICT NOW-NYC EMPLOYEES CONNECTION AMENDMENT FREE SPEECH ENFORCING |
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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PAMELA MARTENS, CHARLES KING, and :
HOUSING WORKS, INC. :
Plaintiffs, :: COMPLAINT
vs. :: 01 Civ.
RUDOLPH GIULIANI, Mayor of the City of New :
York; BERNARD KERIK, Commissioner of the :
New York City Police Department; and the :
CITY OF NEW YORK, ::
Defendants. :
---------------------------------------------------------------x
PRELIMINARY STATEMENT
1. This is a civil-rights action to vindicate the federal constitutional rights of the
The City of New York has adopted and is enforcing an unconstitutional policy by which persons
arrested for minor offenses in conjunction with a demonstration are being held in jail for
extended periods of time by the New York City Police Department (NYPD) solely because of
their participation in the demonstration.
2. Under long-established procedure, individuals who are arrested by the NYPD for minor
offenses and who have identification are held at an NYPD Precinct until it can be confirmed that
they have no outstanding warrants; assuming they have no warrants, such individuals then can be
released from the Precinct with what is known as a "desk appearance ticket," which requires
them to appear in court on a future specified date. Under the NYPD's demonstration policy,
1
however, individuals arrested for minor offenses in conjunction with demonstrations, even if they
have identification and have no outstanding warrants, are barred from being released with desk
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