Bruce S. Rosen and James Harry Oliverio Win Motion to Dismiss Civil Rights Claims Against Media Companies

A Brooklyn federal judge has dismissed a civil rights suit brought by an NYPD officer against two media outlets, New York City and the lawyers of several teens who claim they were assaulted, arrested and falsely charged by the officer, David Terrell. McCusker Anselmi Rosen & Carvelli, P.C. represented WNBC (NBCUniversal Media) and correspondent Sarah Wallace, as well as Tribune Broadcasting (former owners of WPIX-TV) and correspondents James Ford and Jay Dow, which were all dismissed from the civil rights claims.

Judge Nina Gershon in U.S. District Court in Brooklyn ruled on April 13, 2021 that Plaintiff’s Terrell’s claims – contained in a 436 paragraph complaint – were nothing but “utterly conclusory” and failed to show either racial animus or any control by the media defendants over Terrell’s employment. She also dismissed other civil rights claims and Terrell’s allegations of conspiracy among the defendants  – including civil rights activist and writer Shaun King – who did not enter an appearance and who had written extensively about Terrell – as baseless.

Having dismissed all federal claims with prejudice, Terrell’s state law claims for defamation were without jurisdiction and were dismissed without prejudice. Bruce S. Rosen and James Harry Oliverio of MARC appeared for the media defendants.

See the opinion here.

Skip to content