Forum Post: Occupy Wall Street legal action to recover confiscated property could be model for Honolulu Occupy
Posted 12 months ago on May 25, 2012, 11:50 a.m. EST by XenuLives
from Charlotte, NC
This content is user submitted and not an official statement
"This is a declaratory judgment and civil rights action to vindicate Plaintiffs' rights under the First, Fourth and Fourteenth Amendments to the Constitution of the United States, 42 U.S.C. § 1983, and the Constitution and laws of the State of New York. Plaintiffs were deprived of their federal and state constitutional and New York State common law rights when police officers of the New York Police Department ("NYPD") and employees of the New York City Department of Sanitation ("DSNY") (together "City Departments"), acting pursuant to a policy and on the authority of New York City Mayor Michael Bloomberg and under the direction of Commissioners Raymond Kelly and John Doherty, conducted a surprise night time raid of Zuccotti Park, a.k.a. "Liberty Park" (the "Park").
As part of the raid, the City Departments seized and retained possession of personal property belonging to OWS, including at least approximately 3,600 books from OWS's People's Library ("People's Library" or the "Library"), as well as various Library furnishings, computers, and other electronic equipment ("Library furnishings and equipment"). Only 1,003 of the at least approximately 3,600 books that were seized were recovered; moreover, of the recovered books, 201 were so damaged while in the possession of the City of New York that they were made unusable. Thus, at least approximately 2,798 books were never returned or were damaged and made unusable Almost all of the Library furnishings and equipment that were seized by Defendants were not returned or returned in an unusable condition. To this day, OWS has not been told by the City of New York what happened to the missing books and Library furnishings and equipment. Upon information and belief, the missing books were destroyed as part of the raid. Upon information and belief, the raid was authorized by Mayor Bloomberg and executed by John Doe and Richard Roe and others presently unknown to Plaintiffs ("John Doe and Richard Roe et al.") in their capacity as officials, employees and /or agents of the City Departments, except for the conduct related to Plaintiffs' request for punitive damages as more particularly set forth below."