Professional Documents
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Federal Courthouse Photography Settlement
Federal Courthouse Photography Settlement
OCT - 6
UNITED STATES DISTRICT CQtJRT
SOU:THERN DISTRICT OF NEW YORK
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ANTONIO MUSUlvfECL ;
Plaintiff,
10 Civ_ 3370 (RJH)
v.
STIPULATION AND ORDER OF
UNITED STATES DEPARTMENT OF DISMISSAL
HOI\1ELAND SECDIDTY et al.,
Defendants.
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on or about April 22, 2010, alleging, among otber things, that he was arrested by an officer of the
Federal Protective Service ("FPS") in November 2009 while videotaping on the plaza outside the
federal courthouse at 500 Pearl Street, New York, New York, and cited for violating 41 C.F.R.
§ l 02-74.420, and further alleging that the arrest violated his rights under the Constitution of the
MIEREAS, the parties wish to resolve this action without further litigation; and
photographing (including motion photography) the exterior of federal courthouses from publicly
accessfDle spaces, such as streets, sidewalks, parks, and plazas; anti FPS has not construed any
other federal regulation or federal statute to prohibit such photography of the exterior of federal
IT IS HEREBY STIPULATED Al\'U AGREED by and among the parties to the above-
.;,
Case 1:10-cv-03370-RJH-JLC Document 8 Filed 10/15/10 Page 2 of 4
1. The action is dismissed with prejudice and withcut costs, subject to reopening should
the provisions of paragraph :2 of this Stipulation and Order not be consummated within sixty days
2. FPS will provide a written instruction to its officers and employees engaged in'law
enforcement, stating that for federal courthouses under the protective jurisdiction ofFPS, there
are currently no general security regu:ations prohibiting exterior photography by individuals n:om
publicly accessible spaces, absent a written local rule, regulation, or order. The instruction will
also inform FPS officers and employees of the public's geueral right to photograph the exterior
of federal courthouses from publicly accessible spaces. Counsel for defendants will provide
written notice to counsel for plaintiff upon issuance of such a written instruction.
3. Nothing in this agreement precludes FPS or the United States, or any department,
agency, agent, officer, or employee of the United States (collectively, the "Government") or any
law-enforcement officer from taking any legally permissible law-enforcement action, including
but not limited to approachlng any individual taking photographs and asking for the voluntary
provision of information such as the purpose oftalcing the photographs or the identity of the
individual, or taking lawful steps to ascertain whether unlawful activity, or reconnaissance for the
4. FPS will not treat plaintiff in ways inconsistent with this Stipulation and Order,
5. Yhis agreement does not constitute an admission ofliability or fault on the part of the
Government.
6. Plaintiff will file an administrative tort claim with FPS on Standard Fonn 95 pursuant
to 28 U.S.C. § 2675. Upon receipt of the administrative tort claim, FPS agrees to pay plaintiff
$1500, which sum is in full settlement of any and aU claims that plaintiff now has or may
2
Case 1:10-cv-03370-RJH-JLC Document 8 Filed 10/15/10 Page 3 of 4
hereafter acquire against defendants or the Government on account of alleged facts, events, and
7. FPS v;rill pay plaintiff $3350 in full satisfaction of any claim plaintiff may make for
flttorney's fees and expenses or costs pursuant to 28 U.S.C. §§ 1920 or 2412(b), Fed. R. Civ. P.
54, Local Civil Rule 54.1, or any other law. Settlement ofthis action is to be wittout interest or
disbursements. All liens and fees are to be satisfied out of the amount of this settlement.
8. The Govemment has informed plaintiff that the memory card seized from plaintiff by
FPS on or about November 9, 2009, will be released by the Department of Homeland Security
within 10 days of the date this Stipulation and Order is entered, and held in the custody of the
United States Attorney's Office for the Southern District of New York for use as possible
evidence in an ongoing criminal matter. Upon completion of that criminal matter, the United
States Attorney's Office will return the memory card to plaintiff's counseL Plaintiff hereby
releases and forever discharges all defendants and the Government from any and all claims and
liability relating to fre memory card prior to its release by the Department of Homeland Security,
but plaintiff reserves the right solely to seek the return of the memory card after that date through
9. Plaintiff stipulates and agrees to accept the consideration set forth above in full
settlement and satisfaction of any and all claims and demands that he and his heirs, executors,
successors in interest, administrators, or assigns may have or hereafter acquire against any
defendant or the Governnlent (as defined above), on account of the events, circumstances, or
incidents giving rise to this action and claims incident thereto. Plaintiff hereby releases and
forever discharges all defendants and the Gove;:mnent from any and all claims and liability
3
Case 1:10-cv-03370-RJH-JLC Document 8 Filed 10/15/10 Page 4 of 4
arising directly or indirectly from the incidents or circumstances giving rise to or referred to in
10. All payments described in this stipulation.will be made by electronic funds transfer
pursuant to written instructions that plainti:f:rs counsel will provide to the Government's counseL
11. Plaintiff and the Government understand and agree that this agreement contains the
entire agreement between them, and that no statements, representations, promises, agreements, or
negotiations, oral or otherwise, between the parties or their counsel that are not included herein
Dated: New York, New York Dated: New York, New York
Od-~@pt@mb@rL 2010 ~ei'l'l:ber ~ 2010
Pc.j-~~I-~ . _ .
NEW YORK CIVIL LIBERTIES UNION PREET BHARARA
FOUNDATION United States Attorney for the Southern
Attorney for Plaintiff District ofNew York
/J ~ Attorney for Defendants .
By:L~4~ I#~By:' ~~
CHRISTOPEmR DUNN ~AMIN H. TORRANCE
125 Broad Street, 19th Floor 86 Chambers Street
NewYork,NewYork 10004 NewYork,NewYork 10007
Telephone: 212.607.3300 Telephone: 212.637.2703
E-mail: [email protected] E-mail: [email protected]
SO ORDERED.