Pagan v. The City of New York et al

U.S. District Court
Eastern District of New York (Brooklyn)

Pagan v. The City of New York et al
Assigned to: Judge Allyne R. Ross
Referred to: Magistrate Judge Roanne L. Mann
Demand: $33,000,000
Cause: 28:1983 Civil Rights
Date Filed: 10/08/2015
Jury Demand: Plaintiff
Nature of Suit: 440 Civil Rights: Other
Jurisdiction: Federal Question
Adela Pagan
in her own right and as Administrator of the Estate of Mario Ocasio, deceased
represented by Israel Burns
Burns Consulting Inc.
19 Bay 8th Street
Brooklyn, NY 11228
Fax: 718-228-8176
The City of New York represented by Arthur G Larkin
NYC Office of Corporation Counsel
Special Federal Litigation Division
100 Church Street- Rm 3-180
New York, NY 10007
Fax: 212-788-9776
New York City Police Department
Emergency Medical Services
as operated by New York City Fire Department

Pagan v. The City of New York et al

The First Amendment protects the public’s right of access to civil proceedings. The reasons for allowing public access to civil matters is very similar to the Supreme Court’s reasoning for allowing public access to criminal matters. In particular, allowing the public to access the courts and judicial records casts a “bright light upon the judicial process” and helps prevent “injustice, incompetence, perjury and fraud.”

For most, but not all, types of civil and criminal proceedings and records, there is a presumptive right of public access. That right is not absolute, however, and can be outweighed by countervailing interests. Before a court can deny access to judicial records and proceedings that are presumptively open, the party seeking closure must show, and the court must find, that there is a compelling interest that justifies closure of the proceeding or sealing the record, and that closure is narrowly tailored and the least restrictive means to serve the interest.
Courts have provided a number of reasons for allowing access to judicial records and proceedings.

Access to judicial records and proceedings:
• promotes informed discussion of governmental affairs by providing the public with a more complete understanding of the judicial system
• serves an important “educative interest”
• gives “the assurance that the proceedings were conducted fairly to all concerned” and promotes the public “perception of fairness”
• has a “significant community therapeutic value” because it provides an “outlet for community concern, hostility, and emotion”
• serves as a check on corrupt practices by exposing the judicial process to public scrutiny, thus discouraging decisions based on secret bias or partiality
• enhances the performances of all involved.
United States v. Criden, 675 F.2d 550, 556 (3d Cir. 1982) (quoting Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555, 569-72, 584, 596-97 (1980)).

Conference with City of New York 10/21/2015


but then:


Uplate 11/18/2015, 4:11pm Est :The Court orders defendant City of New York to produce for in camera inspection a copy of all video, audio, photographic, or other data from the Cell Phone of Kashif Osagie capturing or otherwise related to the incident that resulted in the decedent’s death

Pagan v. The City of New York et al

What Happened Here?

You can clearly see from the attached photos that Mario was viciously attacked prior to being electrocuted to death. The second picture below

shows the two (2) taser prongs still lodged in his body when his oldest niece Belinda Vera took the pictures at New York Presbyterian hospital.





On June 8th, 2015 the day the incident occurred NYPD released information regarding Mario’s criminal past and that he was brandishing the below scissors which prompted NYPD to Taser him.

IMAG0006WSJ article

 However, by June 10th, after counsel had gathered a great deal evidence, including the following images of Mr. Ocasio’s bruises and details regarding the timeline from the eye witnesses, the New York Times confirmed from a confidential informant from the 52nd Precinct, speaking on the condition of anonymity, “that Mr. Ocasio did not have the scissors in his hand, but said the Taser was used because Mr. Ocasio had violently resisted being handcuffed.”

NYT article

 This acknowledgment of course admits that responding police officers were not in compliance with NYPD Patrol Guide Section 216-05, subsection 1(c) which explains that “if EDP’s (Emotionally Disturbed Person) actions do not constitute an immediate threat of serious physical injury or death to [him]self or others: (1) attempt to isolate and contain the EDP while maintaining a zone of safety [a distance which is dependent upon the particular circumstance but which is generally considered to be distance of twenty (20) feet from the person] until arrival of patrol supervisor and Emergency Service Unit personnel.  (2) Do not attempt to take the EDP into custody without the specific direction of a supervisor.” (emphasis added).

At the time of his death Mario resided at 2263 Loring Place in the Bronx,New York. Mario was beloved as a genuine and friendly person. According to his family, he loved to make people laugh and, “would give his last dollar to anyone who asked.” He was dearly loved by all who knew him including his family, his neighborhood, at work and in Church. Although Mario did have a criminal past from his youth, in the sixteen years since paying his debt to society he had no known criminal issues with the law.


 Attached below is a picture of Ms. Adela Pagan, Mario’s mother and Plaintiff in the filed action.

See Pagan v. The City of New York et al

pagan v. the city of new york et al

Pagan v. The City of New York et al