U.S. Press Freedom Tracker

Photographer assaulted by police officer during protests; now part of lawsuit against NYPD

Incident Details

Date of Incident
May 29, 2020
Location
New York, New York
Case number
1:21-cv-06610
Case Status
Settled
Type of case
Civil

Assault

Was the journalist targeted?
Yes
REUTERS/SHANNON STAPLETON

Police officers at a protest in New York City on May 29, 2020, following the killing of George Floyd. Journalist Amr Alfiky was shoved and beaten by an officer while documenting the demonstration.

— REUTERS/SHANNON STAPLETON
February 7, 2024 - Update

Judge accepts journalists’ settlement with NYPD

A settlement agreement between five photojournalists and the New York Police Department was finally cleared for approval by a federal judge on Feb. 7, 2024, five months after a police union intervened in the suit, according to court documents reviewed by the U.S. Press Freedom Tracker.

The photojournalists initially reached the settlement in September 2023, resolving a federal lawsuit over violations of their First Amendment rights while covering social justice protests in 2020.

But a day after accepting the settlement, U.S. District Judge Colleen McMahon reversed her decision, writing that the Police Benevolent Association — the city’s largest police union — had submitted a letter opposing the agreement. An earlier federal appeals court ruling establishes that police unions can intervene in court cases involving NYPD policies.

In her latest ruling, however, McMahon dismissed the police union’s arguments that the changes the agreement mandates would endanger officers and the public, and allowed the settlement to proceed. “There is simply no evidence, let alone substantial evidence, that the public interest would be disserved if the settlement were approved,” she wrote.

The National Press Photographers Association had originally filed the lawsuit with the law firm Davis Wright Tremaine in August 2021 on behalf of journalists Amr Alfiky, Diana Zeyneb Alhindawi, Mel D. Cole, Jae Donnelly and Adam Gray.

The wide-reaching settlement agreement lays out extensive rules for the NYPD’s interactions with journalists and formally acknowledges that the press has a clearly established First Amendment right to record police activity in public places. The agreement also prohibits kettling, a technique used by law enforcement to round up and arrest large groups.

Also per the agreement, Alfiky will receive a monetary settlement, NPPA general counsel Mickey H. Osterreicher confirmed. The amount was not made public.

Civil rights attorney Wylie Stecklow, a member of the plaintiffs’ legal team, said, “The NYPD’s abuse of the media has been a systemic issue for decades and this historic injunctive settlement can hopefully provide a brighter future for the press to document police interactions at First Amendment activities and beyond in this great city.

“This settlement is not the end,” Stecklow added. “It’s just the beginning of re-training and new NYPD policies to ensure there is respect and protection for the press, up and down the NYPD hierarchy.”

The PBA called the agreement “misguided,” saying in an online statement, “If the NYPD is unable to prevent future demonstrations from devolving into chaos, the parties who signed onto this settlement must bear the blame.” The union did not respond to a request from the Tracker for further comment.

Osterreicher told the Tracker that the plaintiffs’ legal team is currently waiting for the judge to approve dismissal of the case now that the settlement is in place, and noted that the PBA may still appeal to the Second Circuit.

September 8, 2023 - Update

Judge voids First Amendment settlement with NYPD

One day after formally approving a settlement between five photojournalists and the New York Police Department, a judge vacated the order on Sept. 8, 2023.

U.S. District Judge Colleen McMahon wrote that she had received a letter from the Police Benevolent Association — the city’s largest police union — opposing the federal settlement. The settlement, announced Sept. 5, addressed violations of the journalists’ First Amendment rights while covering social justice protests in 2020.

In reversing her order, McMahon cited an earlier ruling by the 2nd U.S. Circuit Court of Appeals that police unions should be allowed to intervene in court cases involving NYPD policies.

McMahon gave the police union and the settling parties until the end of October to file motions opposing or supporting the settlement, and has scheduled a hearing for Nov. 6.

September 5, 2023 - Update

Journalists reach ‘historic’ settlement with NYPD in First Amendment suit

Five photojournalists reached a settlement with the New York Police Department in their federal lawsuit for violations of their First Amendment rights while covering social justice protests in 2020, the National Press Photographers Association announced on Sept. 5, 2023.

The NPPA, which filed the lawsuit with the law firm Davis Wright Tremaine in August 2021 on behalf of journalists Amr Alfiky, Diana Zeyneb Alhindawi, Mel D. Cole, Jae Donnelly and Adam Gray, called the agreement “historic,” and said it would provide new protections for journalists in New York, along with police training and policy changes. Alfiky was arrested by the NYPD in February 2020 and assaulted by an officer in May 2020, according to the lawsuit.

The wide-reaching settlement agreement lays out extensive rules for the NYPD’s interactions with journalists and formally acknowledges that the press has a clearly established First Amendment right to record police activity in public places. Among other stipulations, it outlines that journalists credentialed by New York City may remain to report after a general public dispersal order has been made, and requires prior approval in some circumstances before a journalist can be arrested. The agreement also prohibits kettling, a technique used by law enforcement to round up and arrest large groups.

Policy changes, including annual training for NYPD officers and access for journalists to all public spaces, are also part of the agreement. The department must also designate a compliance officer for the settlement.

In a statement about the settlement, NPPA general counsel Mickey H. Osterreicher said he was pleased with the outcome and terms of the agreement. “Journalists are an essential part of a functioning, civil society and it’s essential that they be allowed to conduct their work free of harassment and assault, especially from state actors,” Osterreicher said.

May 29, 2020

Visual journalist and documentary filmmaker Amr Alfiky was repeatedly assaulted by police officers while photographing a protest in the Brooklyn borough of New York City, New York, on May 29, 2020, according to a federal lawsuit.

Alfiky is one of five news photographers who filed a federal lawsuit on Aug. 5, 2021, “seeking to hold the New York Police Department [NYPD] accountable for its violation of their First Amendment rights.” The suit is being led by the National Press Photographers Association, of which four of the journalists are members, in partnership with Davis Wright Tremaine LLP.

According to the complaint, Alfiky was covering a demonstration near Barclays Center with his camera in one hand and press pass in the other when an NYPD officer began shouting at him. Alfiky repeated, “I'm a journalist, I have a press pass,” but the officer responded with “I don't give a fuck about your press pass,” shoving him in the chest with a baton.

The complaint stated that the officer continued to shove Alfiky back, causing him to trip and fall with “such force that an approximately one-inch-wide benign cyst on his back ruptured,” which led to "excruciating pain.” The officer continued to hit him with his baton and did not stop until two protesters pulled Alfiky away and helped him stand, according to the complaint.

“As a result of this assault, Mr. Alfiky suffered fever and infection. He later had to undergo medical treatment including a surgical procedure to clean the infected area in his back, and an additional procedure to remove the ruptured cyst,” the complaint noted. “Mr. Alfiky has also suffered back pain since the assault, which has been evaluated as likely caused by a traumatic incident.”

“He was showing his credential and not only did the officer completely disregard it, but actually said, ‘I don't give a fuck,’” Mickey H. Osterreicher, general counsel to the NPPA, told the U.S. Press Freedom Tracker. “That seems to sum up, unfortunately, a lot of the attitude of law enforcement toward journalists.”

Alfiky and the New York Police Department did not respond to a request for comment. The U.S. Press Freedom Tracker is documenting assaults, arrests and other incidents involving journalists covering protests across the country.

The U.S. Press Freedom Tracker catalogues press freedom violations in the United States. Email tips to [email protected].