Price v. City of N.Y.
15 Civ. 5871 (KPF) (S.D.N.Y. Jun. 25, 2018)
Midtown North police station to file a complaint,
Lieutenant Nicholas Corrado refused "to take [her]
report about the assault." (FAC ¶¶ 62-65).
Unsatisfied, Plaintiff requested to speak with a
commanding officer, and Corrado responded by
ordering her to leave the station. Plaintiff refused
to leave and insisted that the NYPD take her
report. (Id. at ¶¶ 66-68). Corrado, assisted by
Officer Iselaine Guichardo Hermene Gildo Cruz,
"physically pulled [Plaintiff] out of her seat," put
handcuffs on her, and detained her inside the
station until an ambulance arrived to take her to
Bellevue Hospital Center for involuntary
observation. (Id. at ¶¶ 69-73). Cruz stayed with
Plaintiff during the ambulance ride to Bellevue,
and inside of the hospital, she was joined by
Officer John Staines in continuing to detain
Plaintiff for about an hour. (Id. at ¶¶ 74-77). At the
direction of hospital staff, Cruz and Staines
removed Plaintiff's handcuffs; they subsequently
left the building. (Id. at ¶¶ 78-79). After about two
hours of observation by hospital staff, Plaintiff
was released from Bellevue. Plaintiff asserts that
Corrado, Cruz, and Staines had no reason to
believe that she was a risk of harm to herself or
others, or that she required immediate mental
health treatment. (Id. at ¶¶ 80-83).
7
6
Plaintiff continued to advocate for herself and to
complain to City officials about the NYPD's
refusal to protect her from Powell or to investigate
her allegations of abuse. One way in which she did
so was by lodging publicly *6 viewable
complaints directed at several of the City's official
Twitter accounts. For instance, she interacted with
the official Twitter feed for the NYPD's 28th
Precinct, which feed has a Twitter handle, or
username, of @NYPD28Pct. That account was
administered by NYPD Inspector Olufunmilo F.
Obe. (FAC ¶¶ 91-95). The 28th Precinct's Twitter
page includes a hyperlink to the City's official
Social Media Policy and "does not otherwise limit
the purpose or topic of the @NYPD28Pct
Account," beyond the restrictions set forth in that
policy. (Id. at ¶¶ 96-97).4
4 Plaintiff notes that according to a report
from Harvard University's Berkman Klein
Center for Internet & Society, the City
encouraged NYPD commanders to create
official Twitter accounts "to increase
interaction with the communities in which
police officers work every day" and "to
share information about community events,
encourage community members to attend
public meetings, and document NYPD's
service work in communities." (FAC ¶ 99
& Ex. B at 18).
In October 2014, Plaintiff began following the
@NYPD28Pct account, and she would
occasionally post public responses to the account.
(FAC ¶¶ 101-02). For instance, on October 14,
2014, Plaintiff posted two responses to the
@NYPD28Pct account. The first response read:
@NYPD28Pct @sffny ATTN Insp OBE:
link 4 #DomesticViolence prevention leads
to a JEWELRY MALL. Your selection is
nice ow.ly/CdI1G.
(Id. at ¶ 102). On the same day, Plaintiff posted
the following reply to another tweet by the
@NYPD28Pct account:
@NYPD28Pct @sffny nice selection INSP
OBE! Any extra time to respond to the
letter I sent 2 your precinct about #DV?
(Id.). Shortly thereafter, "Obe blocked
[Plaintiff] from the @NYPD28Pct Account
without notifying [Plaintiff] or providing reasons
for blocking her." (Id. at ¶ 103).
*7
As a result of being "blocked" by Obe, Plaintiff
could not — and still cannot — use her own
Twitter account to view tweets from
@NYPD28Pct, respond to any tweet published by
@NYPD28Pct, or view any other person's
responses to tweets by @NYPD28Pct. (FAC ¶¶
104-05). Plaintiff alleges that Obe blocked her
from the @NYPD28Pct account in retaliation "for
her criticism of the domestic violence assistance
3
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