IN RE NEW YORK CITY POLICING DURING SUMMER 2020

No. 21-1316 August Term 2021.

27 F.4th 792 (2022)

IN RE NEW YORK CITY POLICING DURING SUMMER 2020 DEMONSTRATIONS Jarrett Payne, Andie Mali, Camila Gini, Vidal Guzman, Charlie Monlouis-Anderle, Jaime Fried, Micaela Martinez, Julian Philips, Nicholas Mulder, Colleen McCormack-Maitland, Vivian Matthew King-Yarde, Charles Henry Wood, on behalf of himself and all others similarly situated, People of the State of New York, by Letitia James, Attorney General of the State of New York, Adama Sow, David Jakevic, Alexandra De Mucha Pino, Oscar Rios, Barbara Ross, Matthew Bredder, Sabrina Zurkuhlen, Maria Salazar, Dara Pluchino, Savitri Durkee, on behalf of themselves and others similarly situated, Samira Sierra, Amali Sierra, Ricardo Nigaglioni, Alex Gutierrez, individually and on behalf of all others similarly situated, Cameron Yates, Plaintiffs-Appellees, v. City of New York, New York Police Department, Mayor Eric Adams, in his official capacity, Bill De Blasio, in his individual capacity, Police Commissioner Keechant L. Sewell, in her official capacity, Dermot Shea, in his individual capacity, Chief of Department Kenneth E. Corey, in his official capacity, Terence Monahan, in his individual capacity, Sergeant Gypsy Pichardo, Sergeant Keith Cheng, Officer Matthew Tarangelo, Officer Matthew L. Perry, Lieutenant Thomas R. Hardell, Officer Damian Rivera, Officer Jacqueline Vargas, Lieutenant Michael Butler, Officer Aaron Husbands, Officer Joseph Deck, Officer Thomas E. Manning, Defendants-Appellees, Officers John Does 1-32, Officers Jane Does 1-2, Officers John Does 1-26, Officer Jane Doe 1, Officer Doe Esposito, Sergeant Doe Caraballo, Officer Ismael Hernandez Carpio (No. 19759), John/Jane Does 1-10, Detective Edward Carrasco (No. 1567), Officer Talha Ahmad (No. 21358), Officer Kevin Agro (No. 8054), Officers John/Jane Does 1-40, Umid Karimov, in his individual capacity, Alfredo Jeff, in his individual capacity, Debora Matias, in her individual capacity, Andre Jeanpierre, in his individual capacity, Kenneth C. Lehr, in his individual capacity, Fausto Pichardo, Defendants, Police Benevolent Association of the City of New York, Inc., Proposed Intervenor-Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: March 4, 2022.


Attorney(s) appearing for the Case

Philip J. Levitz , Assistant Solicitor General ( Barbara D. Underwood , Solicitor General, and Anisha S. Dasgupta , Deputy Solicitor General, on the brief), for Letitia James , Attorney General of the State of New York, New York, NY, for Plaintiff-Appellee People of the State of New York.

MacKenzie Fillow ( Richard Dearing and Devin Slack , on the brief), for Georgia M. Pestana , Corporation Counsel of the City of New York, New York, NY, for Municipal Defendants-Appellees.

Robert S. Smith , Law Offices of Robert S. Smith ( Richard H. Dolan and Thomas A. Kissane , Schlam Stone & Dolan LLP, on the brief), New York, NY, for Proposed Intervenor-Defendant-Appellant Police Benevolent Association of the City of New York, Inc.

Joshua S. Moskovitz , Law Office of Joshua Moskovitz, P.C., New York, NY, for the Sierra, Wood, and Yates Plaintiffs-Appellees.

Before: Livingston, Chief Judge, and Jacobs and Menashi, Circuit Judges.


Proposed Intervenor-Defendant-Appellant Police Benevolent Association of the City of New York, Inc. ("PBA") appeals the denial of its motion to intervene as of right pursuant to Federal Rule of Civil Procedure 24(a) in six civil actions consolidated under the caption In re New York City Policing During Summer 2020 Demonstrations...

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