Case: Daniels v. City of New York

1:99-cv-01695 | U.S. District Court for the Southern District of New York

Filed Date: March 8, 1999

Closed Date: 2005

Clearinghouse coding complete

Case Summary

On March 8, 1999, a class of plaintiffs--consisting of individuals subjected to stop-and-frisks, without reasonable suspicion and on the basis of race and national origin, at the hands of the Street Crimes Unit (SCU) of the New York City Police Department (NYPD)--filed a lawsuit in the United States District Court for the Southern District of New York against the City of New York, the New York City Police Department, and several named and many John Doe police officers. (All claims against the …

On March 8, 1999, a class of plaintiffs--consisting of individuals subjected to stop-and-frisks, without reasonable suspicion and on the basis of race and national origin, at the hands of the Street Crimes Unit (SCU) of the New York City Police Department (NYPD)--filed a lawsuit in the United States District Court for the Southern District of New York against the City of New York, the New York City Police Department, and several named and many John Doe police officers. (All claims against the NYPD were voluntarily dismissed with prejudice by a Stipulation and Order issued June 17, 1999.)

The plaintiffs, represented by various counsel--primarily including Moore & Goodman, LLP; the Center for Constitutional Rights; Debevoise & Plimpton; and Van Lierop & Burns, LLP--asked the court for damages and declaratory and injunctive relief. The plaintiffs claimed that the SCU's stop-and-frisk practice violated the Fourth and Fourteenth Amendments to the United States Constitution as without reasonable suspicion required by the former and contravening the Equal Protection Clause of the latter.

On October 20, 1999, the Court (Judge Shira A. Scheindlin) dismissed plaintiffs' Equal Protection claim for failing to identify similarly-situated white individuals who were not subjected to SCU stop-and-frisks. Plaintiffs motioned to reconsider, and the Court reinstated their Equal Protection claim, finding the allegations alone were sufficient to state the claim because the complaint alleged the NYPD's policy contained an express racial or national origin classification.

The Court, finding that plaintiffs' proposed class satisfied the class action rule and that certifying the injunctive class was appropriate, approved plaintiffs' motion for class certification January 25, 2001. After the Court denied defendants' motion for reconsideration of the class certification, defendants filed a petition for leave to appeal with the United States Courts of Appeals for the Second Circuit. The Court of Appeals initially granted defendants' petition, but it reversed itself and dismissed the appeal June 12, 2001, explaining the petition had been improvidently granted.

While the case was in progress, the NYPD disbanded the SCU. Discovery and settlement discussions proceeded, and on September 24, 2003, the parties agreed to, and the Court approved, a Stipulation of Settlement, to last until December 31, 2007, during which time the Court maintained jurisdiction to enforce compliance. Prominent among the terms of the Stipulation, the NYPD was (1) to adopt a written policy pertaining to racial or national origin profiling in compliance with the United States Constitution and New York State Constitution; (2) to undergo audits, conducted by the NYPD Quality Assurance Division and to be shared with plaintiffs' counsel, assessing whether stop-and-frisks are conducted according to NYPD regulations and whether they are based upon reasonable suspicion; and (3) to provide training and public education relating to the NYPD's racial profiling policy.

The case was reopened by order of the Court September 28, 2004, for the purpose of awarding attorneys' fees. The parties, shortly thereafter, entered into another Stipulation of Settlement, in which defendants agreed to pay plaintiffs' class counsels' fees--about $3.5 million.

The court, by an oral order given April 16, 2007, extended the term of the parties' September 2003 Stipulation. Defendants motioned the court to vacate the oral order, and the court approved defendant's motion, vacating the oral order, July 16, 2007.

Just before the order expired, the plaintiffs attempted to show violation of the court order and unconstitutional race discrimination by the NYPD. At a hearing on December 21, 2007, Judge Scheindlin directed them to instead file a new lawsuit. Two months later, two of plaintiffs' counsel filed Floyd v. City of New York, PN-NY-0009 in this Clearinghouse, a new class action suit raising these issues.

Summary Authors

David Postel (11/11/2013)

Related Cases

Floyd v. City of New York, Southern District of New York (2008)

Ligon v. City of New York, Southern District of New York (2012)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6230241/parties/daniels-v-city-of-new-york/


Judge(s)

Cabranes, José Alberto (Connecticut)

Pitman, Henry B. (New York)

Sack, Robert David (New York)

Scheindlin, Shira A. (New York)

Straub, Chester J. (New York)

Attorneys(s) for Plaintiff

Chang, Nancy (New York)

Costello, Andrea Hope (Florida)

Cowan, Jennifer (New York)

Franklin, Karl Ferdinand (New York)

Goodman, William Harry (New York)

Judge(s)

Cabranes, José Alberto (Connecticut)

Pitman, Henry B. (New York)

Sack, Robert David (New York)

Scheindlin, Shira A. (New York)

Straub, Chester J. (New York)

Attorneys(s) for Plaintiff

Chang, Nancy (New York)

Costello, Andrea Hope (Florida)

Cowan, Jennifer (New York)

Franklin, Karl Ferdinand (New York)

Goodman, William Harry (New York)

Moore, Jonathan C. (New York)

Olshansky, Barbara J. (California)

Williams, Natalie Renee (New York)

Attorneys(s) for Defendant

Blessinger, Peter J. (New York)

Cardozo, Michael A. (New York)

Grossman, Heidi (New York)

Yee, Lisa S.J. (New York)

Documents in the Clearinghouse

Document

1:99-cv-01695

CIVIL DOCKET FOR CASE #: 1:99−cv−01695−SAS−HBP

July 16, 2007

July 16, 2007

Docket
18

1:99-cv-01695

Opinion and Order

National Congress for Puerto Rican Rights v. The City of New York

75 F.Supp.2d 154, 1999 WL 959414

Oct. 20, 1999

Oct. 20, 1999

Order/Opinion
21

1:99-cv-01695

Memorandum Opinion and Order

National Congress for Puerto Rican Rights v. The City of New York

191 F.R.D. 52, 1999 WL 1201758

Dec. 14, 1999

Dec. 14, 1999

Order/Opinion
35

1:99-cv-01695

Opinion and Order

National Congress for Puerto Rican Rights v. The City of New York

194 F.R.D. 88, 2000 WL 358385

April 7, 2000

April 7, 2000

Order/Opinion
43

1:99-cv-01695

Memorandum Opinion and Order

National Congress for Puerto Rican Rights v. The City of New York

194 F.R.D. 105, 2000 WL 557261

May 8, 2000

May 8, 2000

Order/Opinion
75

1:99-cv-01695

Opinion and Order

Daniels v. The City of New York

198 F.R.D. 409, 2001 WL 62893

Jan. 26, 2001

Jan. 26, 2001

Order/Opinion
91

1:99-cv-01695

Opinion and Order

2001 WL 228091

March 8, 2001

March 8, 2001

Order/Opinion
92

1:99-cv-01695

Opinion and Order

Daniels v. The City of New York

199 F.R.D. 513, 2001 WL 266999

March 19, 2001

March 19, 2001

Order/Opinion
103

1:99-cv-01695

Memorandum Opinion and Order

138 F.Supp.2d 562, 2001 WL 366427

April 12, 2001

April 12, 2001

Order/Opinion
102

1:99-cv-01695

Opinion and Order

Daniels v. The City of New York

200 F.R.D. 205, 2001 WL 366428

April 12, 2001

April 12, 2001

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6230241/daniels-v-city-of-new-york/

Last updated June 1, 2022, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

CLASS ACTION COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); FILING FEE $ 150.00 RECEIPT # 339400. (dcap) (Entered: 01/03/2000)

March 8, 1999

March 8, 1999

PACER
2

RULE 1.9 CERTIFICATE filed by National Congress, Kelvin Daniels, Robert Roe. (dcap) (Entered: 01/03/2000)

March 8, 1999

March 8, 1999

PACER

Magistrate Judge Henry B. Pitman is so Designated. (dcap)

March 8, 1999

March 8, 1999

PACER
3

RETURN OF SERVICE executed as to Howard Safir, N.Y.C. Police Dept. by the One Police Plaza Legal Unit on 3/8/99. Answer due on 3/29/99 for Howard Safir, for N.Y.C. Police Dept. (dcap) (Entered: 01/03/2000)

March 11, 1999

March 11, 1999

PACER
4

RETURN OF SERVICE executed as to Rudolph Guiliani, City of New York by the Corporate Counsel on 3/8/99. Answer due on 3/29/99 for Rudolph Guiliani, for City of New York. (dcap) (Entered: 01/03/2000)

March 11, 1999

March 11, 1999

PACER
5

Notice of reassignment to Judge Shira A. Scheindlin. Copy of notice and judge's rules mailed to Attorney(s) of record: Jonathan C. Moore, William H. Goodman, Barbara J. Olshansky, Nancy Chang. (dcap) (Entered: 01/03/2000)

March 23, 1999

March 23, 1999

PACER
6

Memo-Endorsement on letter addressed to Judge Mukasey from Lisa S.J. Yee, dated 3/25/99. Re: reset answer due for 4/29/99 for City of New York, for N.Y.C. Police Dept., for Rudolph Guiliani, for Howard Safir . ( signed by Judge Shira A. Scheindlin ); Copies mailed. (dcap) (Entered: 01/03/2000)

March 31, 1999

March 31, 1999

PACER
7

Memo-Endorsement on letter addressed to Judge Scheindlin from Nancy Chang, dated 4/21/99. Re: Pltff is intended to submit a First Amended Complaint by 5/14/99 and Defts must respond to the First Amended Complaint by 6/14/99 for City of New York, for N.Y.C. Police Dept., for Rudolph Guiliani, for Howard Safir . ( signed by Judge Shira A. Scheindlin ); Copies mailed. (dcap) (Entered: 01/03/2000)

April 23, 1999

April 23, 1999

PACER
8

AMENDED COMPLAINT by National Congress, Kelvin Daniels (Answer due 6/14/99 for N.Y.C. P.O.'s 1-500, for Howard Safir, for Rudolph Guiliani, for N.Y.C. Police Dept., for City of New York) amending [1-1] complaint against Poseidon Baskin, Djibril Toure, Hector Rivera, Victor Rodriguez, Kahil Shkymba; Summons issued. (dcap) (Entered: 01/03/2000)

May 14, 1999

May 14, 1999

PACER
9

STIPULATION AND ORDER of voluntarily dismissing all claims against deft New York City Police Department with prejudice purs to Rule 41(a)(1)(ii) of the F.R.C.P.i and the caption shall be amended to reflect this dismissal. ( signed by Judge Shira A. Scheindlin ) (dcap) (Entered: 01/03/2000)

June 17, 1999

June 17, 1999

PACER

Pretrial Conference held before Judge Shira A. Scheindlin. (dcap)

June 21, 1999

June 21, 1999

PACER
10

Letter filed by National Congress, Kelvin Daniels, Poseidon Baskin, Djibril Toure, Hector Rivera, Victor Rodriguez, Kahil Shkymba addressed to Judge Scheindlin from Nancy Chang, dated 6/30/99, re: request that the Court adopt the provisions set forth in Paragraphs 3 and 4 of pltff's proposed Initial Scheduling Order. (dcap) (Entered: 01/03/2000)

July 1, 1999

July 1, 1999

PACER
11

SCHEDULING ORDER: pltffs response to defts' motion to dismiss deadline 7/19/99; defts reply to response to motion deadline 8/6/99; parties shall serve document requests by 7/6/99 and responses by 8/6/99; depositions of pltffs and witnesses shall commence after 8/6/99 and Status conference by 4:30 on 9/22/99 at 500 Pearl Street Courtroom 12C. ( signed by Judge Shira A. Scheindlin ); Copies mailed. (dcap) (Entered: 01/03/2000)

July 16, 1999

July 16, 1999

PACER
12

Memo-Endorsement on letter addressed to Judge Scheindlin from Nancy Chang, dated 7/15/99. Re: Request granted. The memorandum in response to defts' motion to dismiss is not to exceed 35 pages. The reply brief may be up to 15 pages in length . ( signed by Judge Shira A. Scheindlin ); Copies mailed. (dcap) (Entered: 01/03/2000)

July 16, 1999

July 16, 1999

PACER
13

NOTICE OF MOTION by City of New York, Rudolph Guiliani, Howard Safir, N.Y.C. P.O.'s 1-500 for an order purs. to Rule 12(b)(1) and (6) of the F.C.R.P. to dismiss or, alternatively, to stay the claims for declaratory and injunctive relief and to dismiss the claim brought under the Equal Protection Clause of the Fourteenth Amendment . Return date 7/7/99. (dcap) (Entered: 01/03/2000)

Aug. 9, 1999

Aug. 9, 1999

PACER
14

MEMORANDUM OF LAW by City of New York, Rudolph Guiliani, Howard Safir, N.Y.C. P.O.'s 1-500 in support of [13-1] motion for an order purs. to Rule 12(b)(1) and (6) of the F.C.R.P. to dismiss, [13-2] motion to stay the claims for declaratory and injunctive relief, [13-3] motion to dismiss the claim brought under the Equal Protection Clause of the Fourteenth Amendment. (dcap) (Entered: 01/03/2000)

Aug. 9, 1999

Aug. 9, 1999

PACER
15

MEMORANDUM OF LAW by National Congress, Kelvin Daniels, Poseidon Baskin, Djibril Toure, Hector Rivera, Victor Rodriguez, Kahil Shkymba in opposition to [13-1] motion for an order purs. to Rule 12(b)(1) and (6) of the F.C.R.P. to dismiss, [13-2] motion to stay the claims for declaratory and injunctive relief, [13-3] motion to dismiss the claim brought under the Equal Protection Clause of the Fourteenth Amendment. (dcap) (Entered: 01/03/2000)

Aug. 9, 1999

Aug. 9, 1999

PACER
16

REPLY MEMORANDUM by City of New York, Rudolph Guiliani, Howard Safir, N.Y.C. P.O.'s 1-500 in further support re: [13-1] motion for an order purs. to Rule 12(b)(1) and (6) of the F.C.R.P. to dismiss, [13-2] motion to stay the claims for declaratory and injunctive relief, [13-3] motion to dismiss the claim brought under the Equal Protection Clause of the Fourteenth Amendment. (dcap) (Entered: 01/03/2000)

Aug. 9, 1999

Aug. 9, 1999

PACER
17

Transcript of record of proceedings before Judge Shira A. Scheindlin for the date(s) of 6/21/99 at 5:00pm. (dcap) (Entered: 01/03/2000)

Aug. 10, 1999

Aug. 10, 1999

PACER

Pretrial Conference held before Judge Shira A. Scheindlin. (dcap)

Sept. 24, 1999

Sept. 24, 1999

PACER
18

MEMORANDUM OPINION # 83007, granting in part, denying in part [13-1] motion for an order purs. to Rule 12(b)(1) and (6) of the F.C.R.P. to dismiss, granting in part, denying in part [13-2] motion to stay the claims for declaratory and injunctive relief, granting in part, denying in part [13-3] motion to dismiss the claim brought under the Equal Protection Clause of the Fourteenth Amendment. For the reasons set forth, pltffs' claims for declaratory and injunctive relief will neither be dismissed nor stayed. National Congress, however, is dismissed as a pltff to this action. In addition, pltffs' Equal Protection and conspiracy claims are likewise dismissed, the former subject to leave to amend within 20 days of this Opinion and Order. A conference is scheduled for 11/1/99 at 4:30pm. ( signed by Judge Shira A. Scheindlin ); Copies mailed. (dcap) (Entered: 01/03/2000)

Oct. 20, 1999

Oct. 20, 1999

PACER

Pretrial Conference held before Judge Shira A. Scheindlin . (dcap)

Nov. 1, 1999

Nov. 1, 1999

PACER
19

Transcript of record of proceedings before Judge Shira A. Scheindlin for the date(s) of 9/24/99 at 3:45pm. (dcap) (Entered: 01/03/2000)

Nov. 17, 1999

Nov. 17, 1999

PACER
20

Memo-Endorsement on letter addressed to Judge Scheindlin from Lisa S.J. Yee, dated 11/22/99. Re: defts request an extension of time to respond to pltffs' request for documents concerning Street Crime Unit which were provided to the United States Commission on Civil Rights is granted until 12/8/99 . ( signed by Judge Shira A. Scheindlin ); Copies mailed. (dcap) (Entered: 01/03/2000)

Nov. 23, 1999

Nov. 23, 1999

PACER

Pretrial Conference held before Judge Shira A. Scheindlin. (dcap)

Dec. 13, 1999

Dec. 13, 1999

PACER
21

MEMORANDUM OPINION # 83218, pltffs are seeking reconsideration of an 10/20/99 Opinion and Order dismissing their Equal Protection claim for failure to identify similarly situated non-minority individuals who were not stopped and frisked by the SCU. For the following reasons, pltff' motion is granted and their Equal Protection claim is reinstated . ( signed by Judge Shira A. Scheindlin ); Copies mailed. (dcap) (Entered: 01/03/2000)

Dec. 14, 1999

Dec. 14, 1999

PACER
22

Order of dismissal of Victor Rodriguez as a named pltff purs. to Rule 41(a)(2) of the F.R.C.P. and w/o prejudice to any claims Mr. Rodriguez may have as a member of the purported pltff class. The Clerk of Court is directed to amend the caption to reflect the dismissals of Victor Rodriguez and National Congress for Puerto Rican Rights as named pltffs. ( signed by Judge Shira A. Scheindlin ) (dcap) (Entered: 01/03/2000)

Dec. 16, 1999

Dec. 16, 1999

PACER
23

Transcript of record of proceedings before Judge Shira A. Scheindlin for the date(s) of November 1, 1999. (djc) (Entered: 01/07/2000)

Jan. 6, 2000

Jan. 6, 2000

PACER
24

DEMAND for jury trial by Kelvin Daniels, Poseidon Baskin, Djibril Toure, Hector Rivera, Kahil Shkymba, Raymond Ramirez, Bryan Stair, Tiara Bonner (cd) (Entered: 01/10/2000)

Jan. 7, 2000

Jan. 7, 2000

PACER
25

LETTER RESPONSE by Kelvin Daniels, Poseidon Baskin, Djibril Toure, Hector Rivera, Kahil Shkymba, Raymond Ramirez, Bryan Stair, Tiara Bonner Re: dft's counsel letter of Lisa Yee dated 1/10/00. (pl) (Entered: 01/21/2000)

Jan. 19, 2000

Jan. 19, 2000

PACER

Pretrial Conference held before Judge Shira A. Scheindlin. (sn)

Jan. 27, 2000

Jan. 27, 2000

PACER

Pretrial Conference held before Judge Shira A. Scheindlin (cd)

Jan. 31, 2000

Jan. 31, 2000

PACER
26

Protective ORDER; regarding procedures that will govern the handling of confidential material during the course of this action ; (signed by Judge Shira A. Scheindlin ); Copies mailed. (djc) (Entered: 02/01/2000)

Feb. 1, 2000

Feb. 1, 2000

PACER
27

Transcript of record of proceedings before Judge Shira A. Scheindlin for the date(s) of 12/13/99. (jp) (Entered: 02/09/2000)

Feb. 9, 2000

Feb. 9, 2000

PACER
28

NOTICE OF MOTION (Filed on Service Date) by City of New York, Rudolph Guiliani, Howard Safir, N.Y.C. P.O.'s 1-500 for protective order ; Return date 3/3/00; attached are papers in support (cd) (Entered: 03/07/2000)

Feb. 16, 2000

Feb. 16, 2000

PACER
29

MEMORANDUM OF LAW by City of New York, Rudolph Guiliani, Howard Safir, N.Y.C. P.O.'s 1-500 in support of [28-1] motion for protective order (cd) (Entered: 03/07/2000)

March 6, 2000

March 6, 2000

PACER
30

MEMORANDUM OF LAW by City of New York, Rudolph Guiliani, Howard Safir, N.Y.C. P.O.'s 1-500 in opposition to [28-1] motion for protective order (cd) (Entered: 03/07/2000)

March 6, 2000

March 6, 2000

PACER
31

REPLY MEMORANDUM by City of New York, Rudolph Guiliani, Howard Safir, N.Y.C. P.O.'s 1-500 re: [28-1] motion for protective order (cd) (Entered: 03/07/2000)

March 6, 2000

March 6, 2000

PACER
32

Transcript of record of proceedings before Judge Shira A. Scheindlin for the date(s) of 1/27/00. (pl) (Entered: 03/07/2000)

March 7, 2000

March 7, 2000

PACER
33

Transcript of record of proceedings before Judge Shira A. Scheindlin for the date(s) of 1/31/00. (pl) (Entered: 03/07/2000)

March 7, 2000

March 7, 2000

PACER
38

NOTICE OF MOTION (filed on service date) by City of New York, Rudolph Guiliani, Howard Safir; for a protective order purs. to Rules 26(b)(3) and 26(c) of the FRCP that discovery not be had of certain documents withheld by defts on the grounds that they are protected from disclosure under the attorney-client and work product privileges ; Return date 4/19/00. Declaration of Lisa Yee in support of motion attached. (jp) (Entered: 04/18/2000)

March 22, 2000

March 22, 2000

PACER
34

Letter filed by Kelvin Daniels, Poseidon Baskin, Djibril Toure, Hector Rivera, Kahil Shkymba, Raymond Ramirez, Bryan Stair, Tiara Bonner addressed to Judge Scheindlin from William Goodman, dated 3/22/00, re: the Center for Constitutional Rights decided to withdraw as counsel to the named plaintiffs and puntative class in Latino Officers Association V. City of New York, 99 Cv 9568 LAK. I write to advise the Court that by order dated 3/17/00, judge Kaplan has granted the Center's motion for leave to withdraw as counsel in that lawsuit. (ri) (Entered: 03/27/2000)

March 24, 2000

March 24, 2000

PACER

Pretrial Conference held before Judge Shira A. Scheindlin (ls)

March 24, 2000

March 24, 2000

PACER
35

OPINION AND ORDER #83782, granting in part, denying in part [28-1] motion for protective order. Consistent with the rulings set forth herein, defts shall produce the documents, in redacted form where appropriate, corresponding to privilege log entries 6, 7, 11, 13, 46, 57, 60, 61, 62, 68, 69, 70, 76, 83 and 86, unless otherwise exempted from disclosure . ( signed by Judge Shira A. Scheindlin ); Copies mailed. (sn) (Entered: 04/10/2000)

April 7, 2000

April 7, 2000

PACER
36

THIRD AMENDED COMPLAINT by Kelvin Daniels, Poseidon Baskin, Djibril Toure, Hector Rivera, Kahil Shkymba, Raymond Ramirez, Bryan Stair, Tiara Bonner (Answer due 4/25/00 for N.Y.C. P.O.'s 1-500, for Howard Safir, for Rudolph Guiliani, for City of New York ) amending [24-1] amended complaint against Anthony Curtin, Peter Mante, Walter Doyle; Summons issued. (jp) (Entered: 04/13/2000)

April 12, 2000

April 12, 2000

PACER
37

REPLY MEMORANDUM by City of New York, Rudolph Guiliani, Howard Safir, N.Y.C. P.O.'s 1-500, Anthony Curtin, Peter Mante, Walter Doyle re: [28-1] motion for protective order (jp) (Entered: 04/18/2000)

April 17, 2000

April 17, 2000

PACER
39

MEMORANDUM OF LAW by City of New York, Rudolph Guiliani, Howard Safir in support of [38-1] motion for a protective order purs. to Rules 26(b)(3) and 26(c) of the FRCP that discovery not be had of certain documents withheld by defts on the grounds that they are protected from disclosure under the attorney-client and work product privileges (jp) (Entered: 04/18/2000)

April 17, 2000

April 17, 2000

PACER
40

MEMORANDUM OF LAW by Kelvin Daniels, Poseidon Baskin, Djibril Toure, Hector Rivera, Kahil Shkymba, Raymond Ramirez, Bryan Stair, Tiara Bonner in opposition to [38-1] motion for a protective order purs. to Rules 26(b)(3) and 26(c) of the FRCP that discovery not be had of certain documents withheld by defts on the grounds that they are protected from disclosure under the attorney-client and work product privileges (jp) (Entered: 04/18/2000)

April 17, 2000

April 17, 2000

PACER
41

Memo-Endorsement on letter addressed to Judge Scheindlin from Lisa S.J. Yee, dated 4/21/00, reset answer to the Third Amended Complaint due for 5/15/00 for Walter Doyle, for Peter Mante, for Anthony Curtin, for N.Y.C. P.O.'s 1-500, for Howard Safir, for Rudolph Guiliani, for N.Y.C. Police Dept., for City of New York ( signed by Judge Shira A. Scheindlin ); Copies mailed. (cd) (Entered: 04/26/2000)

April 25, 2000

April 25, 2000

PACER
42

Transcript of record of proceedings before Judge Shira A. Scheindlin for the date(s) of 03/24/00. (djc) (Entered: 05/03/2000)

May 3, 2000

May 3, 2000

PACER
43

MEMORANDUM OPINION AND ORDER #83921; denying [38-1] motion for a protective order purs. to Rules 26(b)(3) and 26(c) of the FRCP that discovery not be had of certain documents by defts on the grounds that they are protected from disclosure under the attorney-client and work product privileges; consistent with the rulings set forth in the Memorandum Opinion, defendants shall produce the documents corresponding to privilege log entries 46,68,69,79, and 83 forthwith ; a conference to discuss the status of this case and the issues raised in Ms. Yee's letter to the court dated 5/1/00 is scheduled for Wednesday, 5/20/00 at 11:30 a.m. . ( signed by Judge Shira A. Scheindlin ); Copies mailed. (pl) (Entered: 05/09/2000)

May 8, 2000

May 8, 2000

PACER
44

Affidavit of service of Summons, Third Amended Class Action Complt. For Declaratory And Injunctive Relief And Indivudual Damages, Individual Rules And Procedures Of Judge Shira A. Scheindlin, Pltff's Third Request For the Production Of Documents From The City, Guiliani And Safir And Pltff's First Request For Production Of Documents From Curtin Mante And Doyle, Letter Dated 4/13/00 To The Civilian Complaint Review Board, as to Peter Mante by Joe Delgado, (Authorized) on 4/21/00 and by mail on 4/24/00. Answer due on 5/11/00 for Peter Mante. (ls) (Entered: 05/09/2000)

May 8, 2000

May 8, 2000

PACER
45

Affidavit of service as to Anthony Curtin by Ron Mercandent on 5/2/00; Answer due on 5/22/00 for Anthony Curtin. (ri) (Entered: 05/09/2000)

May 8, 2000

May 8, 2000

PACER
46

Affidavit of service as to Walter Doyle by Sergent Harp on 4/17/00; Answer due on 5/8/00 for Walter Doyle. (ri) (Entered: 05/09/2000)

May 8, 2000

May 8, 2000

PACER

Pretrial Conference held before Judge Shira A. Scheindlin. (sac)

May 10, 2000

May 10, 2000

PACER
47

ANSWER to Third Amended Complaint by City of New York, Rudolph Guiliani, Howard Safir (Attorney Lisa S.J. Yee from the Firm: Corporation Counsel, City of NY). (sn) Modified on 05/17/2000 (Entered: 05/17/2000)

May 16, 2000

May 16, 2000

PACER
48

ANSWER by Anthony Curtin; (Attorney Corporation Counsel for the City of N.Y.); to [36-1] third amended complaint. Firm of Corporation Counsel of City of N.Y. (pl) (Entered: 05/26/2000)

May 24, 2000

May 24, 2000

PACER

Pretrial Conference held before Judge Shira A. Scheindlin. (sn)

May 26, 2000

May 26, 2000

PACER

Pretrial Conference held before Judge Shira A. Scheindlin . (djc)

May 30, 2000

May 30, 2000

PACER
49

ORDER, the caption of this action will henceforth appear in the form that appears above, as per the Third Amended Complaint ( signed by Judge Shira A. Scheindlin ); Copies mailed. (cd) (Entered: 06/14/2000)

June 12, 2000

June 12, 2000

PACER
50

PROTECTIVE ORDER Regarding Photographic Arrays; that defendants shall produce the photograph of each officer whose name appears on roll calls produced to to plaintiffs for the three incident dates of 6/26/98, 10/31/98 and 2/2/99 and on roll calls that will be produced to plaintiffs in response to their document request served on 4/14/00 for the fourth incident of 12/28/97 as set forth in this Order ; The photographic arrays shall be treated as Confidential Material in accordance with the terms of the Protective Order, dated 1/31/00, except to the extent that those terms are inconsistent with the terms set forth herein, in which case the provisions of this order shall prevail as set forth herein ; Plaintiff's counsel shall advise defendants' counsel by letter within fourteen days of the production of the photographic arrays whether the individual plaintiffs have identified any photograph as that of an officer allegedly involved in one of the four incidents described in paragraph 1. The letter shall list by subject plaintiff the position of the individual so identified inn the photographic array and the code assigned to the particular photographic array. Within seven days of receipt of that letter, the Police Department shall provide plaintiffs' counsel with the names of individuals so identified by the subject plaintiffs, execpt for individuals who are not subject officers . ( signed by Judge Shira A. Scheindlin ); Copies mailed. (ri) (Entered: 06/20/2000)

June 19, 2000

June 19, 2000

PACER
51

ORDER; by 6/2/00, defts will submit to the Court for in camera review unredacted CCRB files of the complaint filed by pltffs and the two individuals whose names have been redacted by defts from the CCRB complaint files produced to pltffs relating to complaints filed by pltffs. By 6/6/00, defts will produce to pltffs the following information as set forth in this document. By 6/15/00, defts will produce to pltffs: the following information as set forth in this document. The depositions of Sgt. Gloffke, Sgt. Lombardi, Lt. McClellan and Sgt. Pollack will take place on June 8,12,16 and 19, 2000 subject to any reasonable modifications in this schedule necessitated by the schedules of the deponents, and with the order of such depositions to be determined and notified in advance to pltffs by defts. On every Friday from 6/2 to 6/30/00, defts will submit to the Court for in camera review the documents on their privilege log that defts believe are privileged in light of the Court's 4/7 and 5/5/00 decisions. By 7/14/00, defts will produce to the Court for in camera review the documents on the their privilege log that defts believe may be redacted on the basis of privilege. Defts will confirm, produce and inform the Court of the following information as set forth in this Order. ( signed by Judge Shira A. Scheindlin ); Copies mailed. (sac) (Entered: 06/20/2000)

June 19, 2000

June 19, 2000

PACER
52

Order admitting attorney pro hac vice; that William Goodman is admitted in this matter Pro Hac Vice purs. to Local Civil Rule 1.3(c) of the Southern and Eastern Districts of New York, and is permitted to argue and try this case in whole and in part as one of the counsel for pltffs. ( signed by Judge Shira A. Scheindlin ) ; Copies mailed. Original document sent to Attorney Admissions Clerk. Received $25.00 in Cashiers Office on 6/21/00, Receipt #377018. (jp) (Entered: 06/27/2000)

June 27, 2000

June 27, 2000

PACER

Remark by Cashier's Office on copy of order admitting Ingrid U. Box Pro Hac Vice - dated 7/6/00: pd. $24 receipt #377994 on 7/7/00 (lf)

July 7, 2000

July 7, 2000

PACER
53

Order admitting Ingrid U. Box pro hac vice, to argue and try this case in whole or in part as an attorney in the office of Michael D. Hess, Corporation Counsel of the City of NY, counsel for defts, purs. to Local Civil Rule 1.3. ( signed by Judge Shira A. Scheindlin ); Copies mailed. (Forwarded to Attorney Admissions Clerk) (sn) Modified on 07/10/2000 (Entered: 07/10/2000)

July 7, 2000

July 7, 2000

PACER
54

Transcript of record of proceedings before Judge Shira A. Scheindlin for the date(s) of 5/10/00. (cd) (Entered: 07/10/2000)

July 10, 2000

July 10, 2000

PACER
55

Transcript of record of proceedings before Judge Shira A. Scheindlin for the date(s) of 5/25/00. (cd) (Entered: 07/10/2000)

July 10, 2000

July 10, 2000

PACER
56

Transcript of record of proceedings before Judge Shira A. Scheindlin for the date(s) of 5/30/00. (cd) (Entered: 07/10/2000)

July 10, 2000

July 10, 2000

PACER

Pretrial Conference held before Judge Shira A. Scheindlin . (jp)

Aug. 8, 2000

Aug. 8, 2000

PACER

Pretrial Conference held before Judge Shira A. Scheindlin . (jp)

Aug. 14, 2000

Aug. 14, 2000

PACER

Pretrial Conference held before Judge Shira A. Scheindlin . (jp)

Aug. 15, 2000

Aug. 15, 2000

PACER
57

ORDER; that the Protective Order dated 1/31/00 (" Protective Order"), pertaining to the treatment of confidential documents in this action, is hereby modified as set forth in this Order . ( signed by Judge Shira A. Scheindlin ); Copies mailed. (pl) (Entered: 08/17/2000)

Aug. 17, 2000

Aug. 17, 2000

PACER
58

PROTECTIVE ORDER REGARDING PHOTOGRAPHIC ARRAYS FOR THE 1/16/98 INCIDENT; the Protective Order regarding photographic arrays signed by the Court on 6/15/00, shall be extended to include photographic arrays produced to pltffs for the fifth incident date of 1/16/98. ( signed by Judge Shira A. Scheindlin ); Copies mailed. (sac) (Entered: 09/15/2000)

Sept. 14, 2000

Sept. 14, 2000

PACER

Pretrial Conference held before Judge Shira A. Scheindlin (cd)

Oct. 2, 2000

Oct. 2, 2000

PACER

Pretrial Conference held before Judge Shira A. Scheindlin . (jp)

Oct. 11, 2000

Oct. 11, 2000

PACER
59

Transcript of record of proceedings before Judge Shira A. Scheindlin for the date(s) of 8/8/00 at 3:30 PM. (sn) (Entered: 10/16/2000)

Oct. 13, 2000

Oct. 13, 2000

PACER
60

Transcript of record of proceedings before Judge Shira A. Scheindlin for the date(s) of 8/14/00 2:35 PM. (sn) (Entered: 10/16/2000)

Oct. 13, 2000

Oct. 13, 2000

PACER
61

Transcript of record of proceedings before Judge Shira A. Scheindlin for the date(s) of 8/15/00 2:35 PM. (sn) (Entered: 10/16/2000)

Oct. 13, 2000

Oct. 13, 2000

PACER
62

NOTICE of attorney appearance for Peter Mante by Peter J. Blessinger. (djc) (Entered: 10/20/2000)

Oct. 18, 2000

Oct. 18, 2000

PACER
63

Protectivce Order Re Profiled Officer Reports; regarding procedures that will govern the handling of confidential materials ; ( signed by Judge Shira A. Scheindlin ); Copies mailed. (lf) (Entered: 10/23/2000)

Oct. 23, 2000

Oct. 23, 2000

PACER
64

CROSSCLAIM by Peter Mante against City of New York. (kw) (Entered: 10/31/2000)

Oct. 30, 2000

Oct. 30, 2000

PACER
65

NOTICE of attorney appearance for Walter Doyle by Peter J. Blessinger. (lf) (Entered: 11/06/2000)

Nov. 3, 2000

Nov. 3, 2000

PACER
66

ANSWER to Complaint and CROSSCLAIM by Walter Doyle (Attorney, Peter Blessinger, Firm of: Cerrone And Geoghan ) against City of New York (lf) (Entered: 11/06/2000)

Nov. 3, 2000

Nov. 3, 2000

PACER
67

ANSWER by City of New York to Walter Doyle's [66-2] cross claim; from the Office of the Corp Counsel by attorney Lisa S.J. Yee for cross-defendant City of New York (lam) (Entered: 11/20/2000)

Nov. 16, 2000

Nov. 16, 2000

PACER
68

ANSWER by City of New York to Peter Mante's [64-1] cross claim; from the Office of the Corp Counsel by attorney Lisa S.J. Yee for cross-defendant City of New York (lam) (Entered: 11/20/2000)

Nov. 16, 2000

Nov. 16, 2000

PACER
69

Memo-Endorsement on letter addressed to Judge Scheindlin from Adam D. Gale, dated 11/20/00. Re: Counsel for pltffs requests an extension of the page limit for pltffs' reply brief in support of their motion for class certification. Pltffs may have an additional 5 pages in which to reply. The reply brief therefore should be no longer then 15 pages, double-spaced, and in the same font used in their moving papers . ( signed by Judge Shira A. Scheindlin ); Copies mailed. (sn) (Entered: 11/27/2000)

Nov. 22, 2000

Nov. 22, 2000

PACER
70

SEALED DOCUMENT placed in vault. (af) (Entered: 11/29/2000)

Nov. 27, 2000

Nov. 27, 2000

PACER
71

SEALED DOCUMENT placed in vault. (af) (Entered: 11/29/2000)

Nov. 27, 2000

Nov. 27, 2000

PACER
72

SEALED DOCUMENT placed in vault. (af) (Entered: 11/29/2000)

Nov. 27, 2000

Nov. 27, 2000

PACER
73

Transcript of record of proceedings before Judge Shira A. Scheindlin for the date(s) of 10/11/00. (db) (Entered: 12/01/2000)

Dec. 1, 2000

Dec. 1, 2000

PACER
74

Transcript of record of proceedings before Judge Shira A. Scheindlin for the date(s) of 10/02/00. (db) (Entered: 12/01/2000)

Dec. 1, 2000

Dec. 1, 2000

PACER
75

OPINION & ORDER #85100, the class proposed by the pltffs is hereby certified under Rules 23(a) and 23(b)(2) ; a conference is scheduled for 2/2/01 @3:00pm ( signed by Judge Shira A. Scheindlin ); Copies mailed. (lam) Modified on 01/30/2001 (Entered: 01/29/2001)

Jan. 26, 2001

Jan. 26, 2001

PACER
76

REDACTED AFFIRMATION of Charles P. Reichmann by Kelvin Daniels, Poseidon Baskin, Djibril Toure, Hector Rivera, Kahil Shkymba, Raymond Ramirez, Bryan Stair, Tiara Bonner Re: Photographic arrays prepared by defts. (sn) (Entered: 02/01/2001)

Jan. 30, 2001

Jan. 30, 2001

PACER
77

CERTIFICATION of Alison L. LaCroix by Kelvin Daniels, Poseidon Baskin, Djibril Toure, Hector Rivera, Kahil Shkymba, Raymond Ramirez, Bryan Stair, Tiara Bonner in support of pltffs' motion for class certification. (sn) (Entered: 02/01/2001)

Jan. 30, 2001

Jan. 30, 2001

PACER
78

REDACTED MEMORANDUM OF LAW by Kelvin Daniels, Poseidon Baskin, Djibril Toure, Hector Rivera, Kahil Shkymba, Raymond Ramirez, Bryan Stair, Tiara Bonner in support of motion for class certification. (sn) Modified on 02/01/2001 (Entered: 02/01/2001)

Jan. 30, 2001

Jan. 30, 2001

PACER
79

REDACTED DECLARATION of Ingrid U. Box by City of New York, Rudolph Guiliani, Howard Safir, Anthony Curtin in opposition to pltffs' motion for class certification. (sn) Modified on 02/01/2001 (Entered: 02/01/2001)

Jan. 30, 2001

Jan. 30, 2001

PACER
80

DECLARATION of Lisa S.J. Lee by City of New York, Rudolph Guiliani, Howard Safir, Anthony Curtin in opposition to pltffs' motion for class certification. (sn) (Entered: 02/01/2001)

Jan. 30, 2001

Jan. 30, 2001

PACER
81

MEMORANDUM OF LAW by City of New York, Rudolph Guiliani, Howard Safir, Anthony Curtin in opposition to pltffs' motion for class certification. (sn) (Entered: 02/01/2001)

Jan. 30, 2001

Jan. 30, 2001

PACER
82

REDACTED AFFIRMATION of Adam D. Gale by Kelvin Daniels, Poseidon Baskin, Djibril Toure, Hector Rivera, Kahil Shkymba, Raymond Ramirez, Bryan Stair, Tiara Bonner Re: proposed class definition. (sn) (Entered: 02/01/2001)

Jan. 30, 2001

Jan. 30, 2001

PACER
83

REPLY MEMORANDUM by Kelvin Daniels, Poseidon Baskin, Djibril Toure, Hector Rivera, Kahil Shkymba, Raymond Ramirez, Bryan Stair, Tiara Bonner in support of motion for class certification. (sn) (Entered: 02/01/2001)

Jan. 30, 2001

Jan. 30, 2001

PACER

Case Details

State / Territory: New York

Case Type(s):

Policing

Special Collection(s):

Stop-and-Frisk (NY)

Key Dates

Filing Date: March 8, 1999

Closing Date: 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Individuals affected by the New York City Police Department's stop-and-frisk practice conducted without reasonable suspicion of criminal activity and in a manner discriminatory on the basis of race or national origin.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Center for Constitutional Rights (CCR)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

The City of New York (New York City, New York), City

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Title VI, Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.

Constitutional Clause(s):

Unreasonable search and seizure

Equal Protection

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $3,524,718.80

Order Duration: 2004 - 2007

Content of Injunction:

Recordkeeping

Provide antidiscrimination training

Follow recruitment, hiring, or promotion protocols

Discrimination Prohibition

Develop anti-discrimination policy

Auditing

Issues

General:

Disparate Impact

Disparate Treatment

Failure to discipline

Failure to supervise

Failure to train

Pattern or Practice

Racial profiling

Search policies

Discrimination-basis:

Language discrimination

National origin discrimination

Race discrimination

Race:

Black

National Origin/Ethnicity:

Hispanic