TARDIF v. CITY OF NEW YORK

No. 19-1360 August Term 2019.

991 F.3d 394 (2021)

Mary M. TARDIF, Plaintiff-Appellant, v. CITY OF NEW YORK, Sergeant Thomas Mcmanus, in His Individual and Official Capacity, Defendants-Appellees, New York City Police Department, Deputy Commissioner John O'connell, Deputy Inspector Daniel Mulligan, Deputy Inspector Edward Winski, Police Officer James Mcnamara, Police Officer Alena Aminova, Police Officer Kendal Creer, Police Officer Marsha Rumble, Police Officer Felix Schmidt, John Doe, Nypd Officers #1-13, John Doe, Nypd Officers #1-11, John Doe, NYPD Officers #1-9, John Doe, NYPD Officer #11, Defendants.

United States Court of Appeals, Second Circuit.

Decided: March 18, 2021.


Attorney(s) appearing for the Case

Stefan H. Krieger ( Gabriella MP. Klein , Lindsay A. Wasserman , James P. Stevens , Law Students, on the brief), Hofstra Law Clinic, Maurice A. Deane School of Law at Hofstra University, Hempstead, NY; Gideon Orion Oliver , New York, NY, on the brief, for Plaintiff-Appellant.

Jonathan A. Popolow , Assistant Corporation Counsel ( Richard P. Dearing , Aaron M. Bloom , on the brief), for James E. Johnson , Corporation Counsel for the City of New York, New York, NY, for Defendants-Appellees.

Before: Livingston, Chief Judge, Parker and Bianco, Circuit Judges.


Following confrontations with New York City police officers during Occupy Wall Street demonstrations at Union Square Park in the spring of 2012, Mary M. Tardif brought suit against the City of New York ("the City"), the New York City Police Department ("NYPD"), and various officers and officials. As relevant on appeal...

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