Conclusion Meanings:
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.
'Within NYPD Guidelines': The conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.
Further details on conclusions.
Sherrard, Kalan vs City of New York, et al.
Case # 14CV09321,
U.S. District Court - Southern District NY, December 4, 2014, ended December 22, 2016
Settlement
Amended Complaint,
Complaint,
Second Amended Complaint
Description: On April 6, 2014, plaintiff, an artist, was giving a performance at the 42nd Street Subway Mezzanine under Times Square when he was approached by defendant Lu, who told plaintiff to cease his performance and to leave the area. Plaintiff responded by asking Lu why he was being told to leave, and cited MTA rules expressly allowing artistic performances on MTA property. After an exchange between the two lasting not more than 45 seconds, Lu informed plaintiff that he was being placed under arrest. Lu directed defendant Tavares, another officer on the scene, to arrest plaintiff in the middle of the Mezzanine platform, as dozens of onlookers and passersby watched. After plaintiff was placed in handcuffs, Tavares sear...