Earlier this month in Manhattan, a 72-year-old woman named Linda Wolff was pepper sprayed in the face by an agent for U.S. Immigration and Customs Enforcement. The incident occurred while Wolff was filming the officers. The video of the incident has since gone viral. Relevant footage is available at
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Following the incident, Wolff confronted the agent in the presence of the NYPD. When she pointed out that he had just maced her, the agent replied, “I’m gonna do it again”. Wolff noted that she was initially running on adrenaline and did not immediately realize how badly she was injured.
Legal Action and the Bivens Act
Wolff is preparing to be the first to sue the agency under a new New York law. She alleges a violation of her First Amendment rights. Under the First Amendment, individuals are permitted to protest and film law enforcement as long as they do not physically interfere with operations.
Key details regarding the legal action include:
Wolff’s lawsuit utilizes the Bivens Act, a law passed in New York in May.
The legislation allows private citizens to sue individual federal officers directly in state court for U.S. Constitution violations.
Wolff is documented as the first New Yorker to initiate a lawsuit against an ICE agent under this specific state law.
She is represented by civil rights attorney John Burris, a high profile lawyer known for securing significant settlements in police brutality cases involving Rodney King and Tupac Shakur.
Burris stated that the most concerning part of the incident was the arrogance displayed by the ICE agents, noting that Wolff was not physically interfering with their duties when she was assaulted.
Along with the state court lawsuit, federal tort claims have been filed with the Department of Homeland Security and Immigration and Customs Enforcement.
Additional commentary regarding the legal actions can be viewed at
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