Occupy Buffalo Complaint To The City Of Buffalo

7/28/2019 Occupy Buffalo Complaint To The City Of Buffalo

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UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF NEW YORK

_______________________________________Occupy Buffalo

Plaintiff,COMPLAINT

v.

The City of Buffalo

Defendant.________________________________________

PRELIMINARY STATEMENT

1. This is a Civil Rights Action in which the Plaintiff seeks relief for the Defendants

violation of the rights secured by 42 U.S.C. 1983 and 1985 (3), the First, Eight and

Fourteenth Amendments to the United States Constitution and the laws of the State of

New York.

2. The claims arise from a violent February 2, 2012 raid upon a legally established and

maintained encampment occupying the space in Niagara Square, in Buffalo, New York.

The raid resulted in the unlawful destruction of the encampment and the equipment

contained therein.

3. Plaintiff seeks compensatory and punitive damages, declaratory and injunctive relief, an

award of costs and attorneys fees, and such other and further relief as this Court deems

just and proper.

4. Occupy Buffalo properly served a Notice of Claim on the City of Buffalo on April 30,

2012. The notice of claim is attached hereto as Exhibit A.


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JURISDICTION AND VENUE

5. Plaintiff incorporates by reference the allegations set forth in Paragraphs 1 through 4 as if

fully set forth herein.

6. This action is brought pursuant to 42 U.S.C. 1983 and 1985 (3), the First, Eight and

Fourteenth Amendments to the United States Constitution and the laws of the State of

New York. Jurisdiction is conferred upon this Court by the aforesaid statutes and 28

U.S.C. 1331, 1343 and 1367.

7. Venue is proper in this district pursuant to 28 U.S.C. 1391.

PARTIES

8. Plaintiff incorporates by reference the allegations set forth in Paragraphs 1 through 7 as if

fully set forth herein.

9. The Plaintiff, Occupy Buffalo, is a non-profit organization incorporated under the laws of

the State of New York.

10. The Defendant, City of Buffalo, is a municipality located in the county of Erie in the state

of New York.

STATEMENT OF FACTS

1. Plaintiff incorporates by reference the allegations set forth in Paragraphs 1 through 10 as

if fully set forth herein.

2. On February 2, 2012, Plaintiff, a non-hierarchical group of individuals assembled in

Niagara Square in peaceful protest of a litany of governmental policies intended to

benefit the wealthiest 1% of the population of the United States, were violently and

unlawfully evicted from said Square in violation of both the aforementioned Federal


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Laws (42 U.S.C. 1983 and 1985 (3), the First, Eight and Fourteenth Amendments to the

United States Constitution) and a valid contract between the Defendant and Occupy

Buffalo (hereinafter The Contract attached hereto as Exhibit B).

3. Prior to February 2, 2012, Occupy Buffalo had been lawfully occupying Niagara Square

for approximately four months.

4. A formal agreement was reached between the City of Buffalo and Occupy Buffalo with

respect to Occupy Buffalos continued lawful occupation of Niagara Square on

December 12, 2011.

5. Occupy Buffalo was issued verbal assurances from the Law Department of the City of

Buffalo that, if Occupy Buffalo complied with all terms specifically enumerated in the

contract, and barring some unforeseen catastrophe, contract renewal would be automatic.

6. Paragraph __ of the contract specifically indicates that in the event of a violation of any

term of the contract, the City of Buffalo would approach a group representative to

address concerns with respect to the violation.

7. During the four month occupation, Occupy Buffalo did not receive any indication, formal

or informal, from the City of Buffalo with respect to the existence of any violation of any

component of the contract.

8. Indeed, at no time did Occupy Buffalo violate any component of the contract.

9. Despite their complete compliance, at all times, with all provisions of the contract, the

City of Buffalo unilaterally breach the terms of the contract when they elected to

violently evict the peacefully assembled members of Occupy Buffalo and destroy their

property then located in the square.


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10. As demonstrated more thoroughly in the photographs attached hereto as Exhibit C the

police response to the peaceful occupation represented an unlawful escalation of tactics in

violation of the civil rights of the members of Occupy Buffalo, and was, ironically,

further evidence of the police state that naturally accompanies the plutocracy that Occupy

Buffalo members were present in the Square protesting.

11. Ten members of Occupy Buffalo were arrested on that evening, in violation of their

constitutionally protected right to assemble in an effort to seek redress for their articulate

grievances.

FIRST CAUSE OF ACTION

Section 1983



13. Defendant, in directing the violent and forcible removal of all members of Occupy

Buffalo from Niagara Square on February 2, 2012, has deprived the members of Occupy

Buffalo of the rights afforded to them by Federal laws and guaranteed to them in the

First, Eighth and Fourteenth Amendments of the Constitution of the United States.

SECOND CAUSE OF ACTION

Breach of Contract



15. Occupy Buffalo and Defendant knowingly entered into a lawful contract which provided

for the lawful occupation of Niagara Square.

16. Occupy Buffalo was at all times in compliance with the terms of said contract.


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17. Defendant unilaterally breached the terms of the contract without using the previously

agreed upon procedure to notify Occupy Buffalo of any violations of the terms of the

contract.

18. The Defendants breach resulted in significant personal losses to the individuals present

in the square and to Occupy Buffalo as an entity.

THIRD CAUSE OF ACTION

Section 1985



20. It has become clear to the members of Occupy Buffalo in the time since the eviction,

based on governmental responses to FOIA requests from across the United States, that

the eviction was a nationally coordinated effort undertaken by various Federal agencies.

21. The coordinated effort specifically intended to stifle the collective voice of the citizens of

this Country calling for reforms that would challenge the 1% of the United States who

hold 40% of the wealth of this Country.

WHEREFORE, Occupy Buffalo demands a jury trial and the following relief as against the

Defendant:

- Compensatory damages in an amount to be determined by a jury;

- Punitive damages in an amount to be determined by a jury;

- Costs, interest and attorneys fees;

- Such other and further relief as this Court may deem just and proper, including injunctive

and declaratory relief.


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Dated: March 21, 2013

Buffalo, NY

_____________________________

Daire Brian IrwinAttorney for Plaintiff

Documents

Occupy Buffalo Complaint To The City Of Buffalo