43.  On May 28, 2020, days after George Floyd’s death, protests began across New  York City. One protest in Union Square saw a mobilization of hundreds of NYPD officers in  response who made several arrests. A group of protestors marched to City Hall where officers  kettled them with bicycles, and arrested approximately 75 people.    44.  Protests continued on May 29th at Foley Square and Barclays Center. At Barclay’s  Center, NYPD officers peppered sprayed and struck protesters with batons.    444.  Pursuant to Rule 23(a), (b)(2), and (b)(3) of the Federal Rules of Civil Procedure,  the named Plaintiffs ADAMA SOW, DAVID JAKLEVIC, ALEXANDRA DE MUCHA PINO,  45.  On May 30th, protests continued in New York City in all five boroughs. The protests  were again met with NYPD shows of force including pepper spray, baton strikes, and mass arrests.   In the Flatbush area of Brooklyn, a police helicopter flew low overhead swirling debris, trash, and  dust into the marchers’ faces.   46.  On May 31st, the protests in New York City continued, even garnering support from  some officers who knelt in a symbolic allegiance with the cause of the protestors.  While some  individuals participated in property crimes, the defendants failed to distinguish among the  protestors and other individuals.    Defendant de Blasio’s Curfew Orders and the NYPD’s Subsequent Arrests    48.  On the evening of June 1, 2020, Defendant de Blasio announced he would be  extending the curfew to the evening of June 2, 2020. 2   49.  On June 2, 2020, Defendant de Blasio issued Emergency Executive Order No. 119,  ordering “a City-wide curfew to be in effect each day from 8:00 p.m. until 5:00 a.m., beginning at  8:00 p.m. on June 3, 2020 and ending at 5:00 a.m. on June 8, 2020” during which “no persons or  vehicles” could “be in public.”3    50.  Under the Curfew Orders4: “Failure to comply with this Order shall result in orders  to disperse, and any person who knowingly violates the provisions in this Order shall be guilty of  a Class B misdemeanor.”    51.  The Curfew Orders specifically exempted certain categories of workers that were  deemed “essential” workers, including “police officers, peace officers, firefighters, first responders  and emergency medical technicians, individuals travelling to and from essential work and  performing essential work, people experiencing homelessness and without access to a viable  shelter, and individuals seeking medical treatment or medical supplies.”    52.  Pursuant to the Curfew Orders, “any person who knowingly violate[d] the provisions  in th[e] Order[s] [was] guilty of a Class B misdemeanor” under NYC Administrative Code § 3-108.   54.  Under New York Penal Law § 15.05, “A person acts knowingly with respect to  conduct or to a circumstance described by a statute defining an offense when he is aware that his  conduct is of such nature or that such circumstance exists.”   55.  On June 1st, the NYPD Operations Division issued a FINEST message regarding  the curfew orders, instructing officers that “[e]nforcement will only be taken after several warnings  are issued and the violator is refusing to comply.” (emphasis added).    56.  On June 3rd, another FINEST message omitted the instruction to issue a dispersal  order prior to curfew enforcement stating that, for a “person violating the curfew, a C-summons  may be issued . . . for violating the Mayoral emergency order.”    57.  As seen below, many Plaintiffs other arrestees were arrested in connection with  purported violations of the Curfew Orders, under circumstances in which the NYPD members  ordering or making the arrests had not given clearly communicated dispersal orders and/or  provided meaningful opportunities to disperse.    58.  On June 7, 2020, Defendant de Blasio lifted the Curfew Orders - one day earlier  than the last of the orders was to remain in effect.   59.  While the Curfew Orders were in effect, the NYPD arrested approximately 1,350  individuals, disproportionately Black and minority individuals, for allegedly violating the Curfew  Orders.   61.  On June 1st, demonstrations continued. Officers continued to fail to distinguish the  protesters from individuals taking advantage of the demonstrations to destroy property and steal  from businesses.    62.  On June 2nd, police effectuated mass arrests of protesters demonstrating across the  City, in some cases shortly after curfew, using excessive force, including in the form of punching,  kicking, tackling, and striking them with batons.    63.  For example, around 2,000 protesters were trapped by the NYPD on the Manhattan  Bridge for over an hour and a half after officers closed both sides of the bridge and refused to let  protesters either proceed into Manhattan or return to Brooklyn.     64.  On June 3rd, protest participation increased, with demonstrations widely dispersed  across the City, including at Cadman Plaza in Brooklyn and in front of Gracie Mansion in  Manhattan. Officers in both locations kettled protesters and shoved and struck protesters with  batons. Officers at Cadman Plaza deployed tear gas.   65.  A federal lawsuit filed on behalf of four attendees of the Cadman Plaza and  Barclays Center protests describes this NYPD conduct including, inter alia, “kettling,” abusive  language, and excessive force including of the use of batons, bicycles, chemical irritants, and  tightly fastened flex-cuffs and handcuffs. See Gelbard et al. v. City of New York et al., 20-cv-3163  Black Lives Matter Protests from May 28, 2020 to June 6, 2020    FIRST CLAIM FOR RELIEF: UNLAWFUL SEIZURE/ FALSE ARREST .............................. 65  SECOND CLAIM FOR RELIEF: EXCESSIVE FORCE ............................................................ 69  THIRD CLAIM FOR RELIEF: FIRST AMENDMENT INFRINGEMENTS, INCLUDING  FOURTH CLAIM FOR RELIEF: DUE PROCESS ..................................................................... 76  FIFTH CLAIM FOR RELIEF: EQUAL PROTECTION AND SELECTIVE ENFORCEMENT ....................................................................................................................................................... 81 