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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
12. Plaintiff incorporates by reference the allegations set forth in Paragraphs 1 through 11 as
if fully set forth herein.
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
14. Plaintiff incorporates by reference the allegations set forth in Paragraphs 1 through 13 as
if fully set forth herein.
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
19. Plaintiff incorporates by reference the allegations set forth in Paragraphs 1 through 13 as
if fully set forth herein.
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