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David B. Rankin

 

Partner

E-mail: drankin@blhny.com

Tel: 212-277-5825

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David B. Rankin specializes in litigating catastrophic injury and wrongful death cases against government entities, as well as class actions. He has played an active role in numerous First Amendment cases, particularly in defending protesters and bystanders arrested during demonstrations. In 2004, during the Republican National Convention, Mr. Rankin helped lead the National Lawyers Guild's legal response to unconstitutional police practices, organizing nearly 1,000 lawyers and legal workers. Over nearly 20 years in practice, he has represented hundreds of plaintiffs in lawsuits against the Department of Correction, NYPD, the City of New York, and municipalities across the country. In addition, Mr. Rankin has lectured on policing issues at various law schools. He holds a B.A. from Reed College and a J.D. from New York Law School. While in law school, Mr. Rankin served as an assistant to the former President of the ACLU. He is also a member of the New York City Chapter of the National Lawyers Guild.
Education

 

New York Law School  (J.D. 2005)

 

Reed College (B.A.1999)

Practices
 

Civil Rights & Discrimination
Wrongful Death
Freedom of Information
Employment

Memberships
National Lawyers Guild

National Police Accountability Project

New York State Trial Lawyers Association

New York State Association of Criminal Defense Lawyers

Continuing Legal Education Presentations
  • Lawline.com – Filming the Police: The First Amendment Retaliation Claim – January 24, 2017

  • New York County Lawyers’ Association – Depositions and Examinations – December 2, 2016

  • Federal Bar Counsel – Trial Ad. Training for Pro Bono Lawyers – Opening Statements CLE – May 5, 2016

  • New York County Lawyers’ Association – Protest Lawyering CLE – Jan. 22, 2013

  • Practicing Law Institute Speaker – Protest and the First Amendment, Bridge the Gap CLE – Aug. 16, 2012

  • Legal Aid Society Speaker – Civil Remedies for Criminal Defendants CLE – Oct. 3, 2011

Representative Cases

 

  • $28.75 million settlement on April 5, 2024, in Feliciano v. The City of New York et al., 20-cv-10033 (SDNY). Mr. Feliciano suffered brain damage due to guards waiting nearly eight minutes to cut him down. This settlement is believed to be the largest single plaintiff pre-trial civil rights settlement in New York State history, and among the top five nationally.

  • $13.73 million settlement in Sow v. The City of New York, 21-cv-533 (SDNY). This class action, filed on behalf of approximately 1,380 protesters arrested during the George Floyd protests in New York City in 2020, is believed to be the largest settlement for a protest-related case in the nation's history.

  • $9.25 million jury verdict on November 15, 2023, in Cooper v. Clancy, 19-cv-00362 (NDNY). Mr. Cooper was beaten on the head and back, causing a fatal asthma attack. This is believed to be the largest civil rights verdict in the Northern District of New York's history.

  • $3.65 million settlement on October 9, 2018, in Z. v. The City of New York (Kings Co. Sup. Ct.). Mr. Z. was assaulted by members of the NYPD, resulting in a post-traumatic seizure disorder.

  • $2.5 million jury verdict on February 17, 2013, in Alla v. The City of New York, 11-cv-00892 (EDNY). Mr. Gad Alla was punched in the head by a police officer, causing a mild traumatic brain injury.

  • $2.25 million jury verdict in Emamian v. Rockefeller University, 07-cv-3919 (S.D.N.Y. Feb. 28, 2018), remitted verdict affirmed, Nos. 19-127, 19-168, 2020 U.S. App. LEXIS 26261, at *26 (2d Cir. Aug. 19, 2020). The verdict found Rockefeller University discriminated against Iranian scientist Dr. Effat Emamian based on her race and national origin.

  • $1.5 million settlement for the family of Richard Gonzalez. Mr. Gonzalez died at Rikers Island Jail due to the NYC Department of Correction's failure to properly respond to a medical emergency. Carlson v. The City of New York, 17-cv-00172 (SDNY).

  • $1.5 million settlement for the family of Carlos Mercado. Mr. Mercado died at Rikers Island Jail after the NYC Department of Correction denied him insulin. Mercado v. The City of New York, 14-cv-06775 (SDNY).

  • $1.4 million settlement for the family of Christian Haley. Mr. Haley died while in the custody of the Department of Correction due to a sudden cardiac event. Fernandez v. The City of New York, 17-cv-02431 (SDNY).

  • $965,000 settlement on behalf of 81 Critical Mass cyclists arrested over several months. Sheila Callaghan, et al. v. The City of New York, 07-cv-9611 (SDNY).

  • Obtained the partial unsealing of a search warrant and supporting documents related to a federal inquiry into emails belonging to Huma Abedin, a top aide to Hillary Clinton. This order from Judge Castel was related to the computer of Anthony Weiner. In Re: Search Warrant issued on October 30, 2016, 16-mc-00464-PKC.

  • Obtained court-ordered re-training of Rikers Island Corrections Officers on how to relate to LGBTQ individuals. Hamm v. City of New York, 15-cv-06238 (S.D.N.Y.).

  • Obtained court ordered re-training of the NYPD Midtown North Precinct on how New York City’s disorderly conduct statute does not allow officers to arrest homeless persons for simply being present in midtown Manhattan.

  • Mr. Rankin represents Reclaim the Records, a 501(c)(3) non-profit organization of historians, genealogists, journalists, and teachers, one of the largest open records activist groups in the United States. He has served as lead counsel on multiple Freedom of Information actions against the New York City Municipal Archives (DORIS), the New York City Clerk's Office, the New York State Department of Health, and many other agencies. As a result of this work, more than 60 million archival records from around the state have been made available online for free public use.

Bar Admissions 
 

New York

 

United States Court of Appeals:

- Second Circuit

United States District Court:

- Southern District

- Eastern District

- Northern District

- Western District

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