Case: Ligon v. City of New York

1:12-cv-02274 | U.S. District Court for the Southern District of New York

Filed Date: March 28, 2012

Case Ongoing

Clearinghouse coding complete

Case Summary

This is one of four ongoing cases challenging the constitutionality of the New York Police Department's "Stop and Frisk" program. See: Floyd v. City of New York (PN-NY-0009); Daniels v. City of New York (PN-NY-0010); and Davis v. City of New York (PN-NY-0013).On March 28, 2012, twelve New York City residents and one former New York City resident filed this suit in the U.S. District Court for the Southern District of New York against the City of New York and the New York City Police Department …

This is one of four ongoing cases challenging the constitutionality of the New York Police Department's "Stop and Frisk" program. See: Floyd v. City of New York (PN-NY-0009); Daniels v. City of New York (PN-NY-0010); and Davis v. City of New York (PN-NY-0013).

On March 28, 2012, twelve New York City residents and one former New York City resident filed this suit in the U.S. District Court for the Southern District of New York against the City of New York and the New York City Police Department (NYPD) on behalf of a class of similarly situated individuals. They challenged the city's "Operation Clean Halls" initiative (later renamed the "Trespass Affidavit Program"), which allowed police officers to patrol in and around private residential apartment buildings, and allegedly resulted in thousands of illegal stops, searches, summons (citations), and arrests. The plaintiffs were represented by a group of public interest lawyers from the New York Civil Liberties Union, Bronx Defenders and LatinoJustice. They filed the lawsuit under the Fair Housing Act and state law, alleging violations of the Federal and State Constitutions. The plaintiffs asked for a declaration that the NYPD's practices were unlawful and an injunction against those practices.

Operation Clean Halls had the stated purpose of combating illegal activity in apartment buildings with records of high crime. In Manhattan alone, there were at least 3,895 Clean Halls buildings. Searches and seizures occurred in public areas such as courtyards, lobbies, and sidewalks, and NYPD officers engaged in vertical patrols (floor-by-floor sweeps), much like those that were challenged in litigation surrounding New York City Housing Authority residences. The plaintiffs alleged that they had been stopped without suspicion of unlawful behavior, and that they had been arrested or issued summons (citations) without probable cause. In multiple instances, plaintiffs were arrested for trespassing despite having another resident vouch for them. The plaintiffs alleged that these incidents were part of a larger pattern and practice in buildings enrolled in Operation Clean Halls, without meaningful correlations to actual crime levels. The residents of Clean Hall buildings were disproportionately Black and Latino. The plaintiffs also alleged that the City had been deliberately indifferent to these violations in their failure to train and supervise the NYPD.

The plaintiffs asked for a class certification for all residents of Clean Hall buildings and their families, guests, and visitors and for all individuals who had been or were likely to be unlawfully stopped or arrested for being in or around buildings in the Operation Clean Halls initiative. The plaintiffs claimed violations of the Fourth Amendment; First and Fourteenth Amendments (free association and due process); the Fair Housing Act (discriminatory implementation); the New York Constitution; and New York Common Law (false arrest and malicious prosecution). The plaintiffs asked for a declaration that these laws had been violated. The plaintiffs also demanded an injunction that required the defendants to refrain from these violations, to establish citywide standards regarding Operation Clean Halls, to establish a system for tracking and monitoring NYPD practices (with care paid to tracking race, national origin, and geography), develop appropriate training for NYPD officers; and report to the plaintiffs and the court about the steps taken to cure the violations. The plaintiffs also asked for compensatory damages and attorneys' fees and costs.

On June 12, 2012, the Court (Shira A. Scheindlin, J.) issued a memorandum opinion and order. Ligon v. City of New York, 2012 U.S. Dist. LEXIS 81526, 2012 WL 2125989 (S.D.N.Y. June 12, 2012). The defendants wanted access to paperwork on the plaintiffs' prior arrests, even if they were terminated in the plaintiffs' favor and were now sealed pursuant to state law. Judge Scheindlin ruled that there was no legitimate reason for the defendants to access those files unless they were for charges of trespass or related crimes in the past ten years. The Court also ruled that the plaintiffs must make other disclosures about the length of time they were incarcerated and any injuries they suffered as a result of prior arrests, but that that could be done by sworn affidavit.

On August 21, 2012, Judge Scheindlin issued an opinion and order allowing the plaintiffs' evidentiary hearing to proceed, regarding their request for a preliminary injunction. Ligon v. City of New York, 2012 WL 3597066 (S.D.N.Y. Aug. 21, 2012). The defendants had asked the Court to deny the plaintiffs' motion summarily, prior to a hearing. The defendants had argued (among other reasons) that there was overlap in the plaintiff classes between this case and Floyd, so there was a risk of inconsistent adjudications. The Court pointed out that both matters were assigned to the same judge and gave the defendants a choice: they could cease delaying Floyd with interlocutory appeals or they could agree to let these plaintiffs pursue preliminary injunctive relief. The Court wrote: "the City cannot have it both ways." This case went forward with the preliminary injunction proceedings.

The preliminary injunction hearing took place in October and November 2012. On January 8, 2013, Judge Scheindlin ruled for the plaintiffs, finding that they had demonstrated the likelihood that they would prevail on the merits, and proved the city's deliberate indifference toward a widespread practice of unconstitutional trespass stops by the NYPD outside TAP buildings in the Bronx. Judge Scheindlin summarized that her conclusion was based on five categories of evidence:

(1) the testimony of a Bronx Assistant District Attorney that the NYPD frequently made trespass stops outside TAP buildings in the Bronx for no reason other than that the officer had seen someone enter and exit or exit the building;

(2) a sample of "decline to prosecute" forms prepared by the Bronx District Attorneys' Office, which revealed the alarming frequency of unlawful trespass stops in the vicinity of TAP buildings in the Bronx;

(3) the testimony of eight plaintiffs and a non-party witness, who described remarkably similar encounters with the police when stopped in the vicinity of TAP buildings in the Bronx;

(4) the analysis by Dr. Jeffrey Fagan, plaintiffs' expert, of an NYPD database of recorded stops, which provided further evidence of the frequency of apparently unlawful trespass stops outside TAP buildings in the Bronx; and

(5) NYPD training materials that misstated the minimal constitutional standards for making stops.

The Court issued a preliminary injunction, ordering the NYPD to immediately cease performing trespass stops (in which a reasonable person would not feel free to terminate the encounter) outside TAP buildings in the Bronx without reasonable suspicion of trespass. In addition, Judge Scheindlin set out proposed relief, and consolidated a hearing on it with the already-scheduled remedial hearing in the related Floyd litigation. The proposed relief included requirements to develop constitutionally adequate policy guidance on stops, to collect data on each such stop, and to improve supervision and training. Ligon v. City of New York, 2013 WL 71800 (S.D.N.Y. Jan. 8, 2013).

On January 11, 2013, the defendants appealed the preliminary injunction decision to the Second Circuit Court of Appeals. On January 22, 2013, District Judge Scheindlin granted the defendants' stay of relief, pending their appeal in the circuit court.

On February 11, 2013, Judge Scheindlin granted the plaintiffs' motion for class certification solely for the purpose of preliminary injunctive relief. The class included "all individuals who have been or are at risk of being stopped outdoors without legal justification by NYPD officers on suspicion of trespassing in Bronx apartment buildings enrolled in the NYPD's Trespass Affidavit Program (commonly referred to as "Operation Clean Halls"). Ligon v. City of New York, 2013 WL 500272 (S.D.N.Y. Feb. 11, 2013).

After a nine-week bench trial, on August 12, 2013, Judge Scheindlin issued an order in Floyd, finding that the City had violated the Fourth and Fourteenth Amendments by acting with “deliberate indifference” toward the NYPD's practice of making suspicion-less “stops” and “frisks” and by adopting “a policy of indirect racial profiling by targeting racially defined groups” for “stops” and “frisks.” That same day, Judge Scheindlin issued an order imposing remedies in Floyd and Ligon in the form of various “reforms” to the NYPD's “stop and frisk” practices to be overseen by a court-appointed monitor. The Court appointed Peter Zimroth, former New York Corporation Counsel and former First Assistant District Attorney in Manhattan, to oversee the implementation of the relief. With respect to specific remedies, the Court ordered the NYPD to adopt a written policy spelling out the specific circumstances where stopping a person suspected of trespass outside a TAP building is legal. Additionally, the Court ordered the city (1) to develop procedures to ensure proper paperwork is completed for each stop outside a Bronx TAP building; (2) to develop and adopt a system for reviewing the legality of stops outside Bronx TAP buildings; and (3) to revise the NYPD's training materials and training programs to enter conformity with the law. Additionally, the Court ordered that attorney's fees and costs be rewarded on appropriate application. The City appealed in both cases and sought a stay.

In September 2013, four police unions filed notices of appeal and motions to intervene in the District Court. Three of the unions moved to intervene in both Floyd and Ligon. One union only moved to intervene in Floyd.

On October 31, 2013, the Second Circuit granted the City’s motion for a stay and ordered that the cases be reassigned from Judge Scheindlin to another district judge. The Second Circuit wrote that the "District Judge ran afoul of the Code of Conduct for United States Judges" in (a) speaking to the press and (b) encouraging the plaintiffs' counsel in Daniels to file the Floyd litigation, separately, rather than litigating racial profiling as part of Daniels -- particularly in stating that she would treat the new case as related. 538 F. App'x 101 (2d Cir. 2013).

After the Second Circuit ruled, both Floyd and Ligon were reassigned (as related) to District Judge Analisa Torres. On November 13, 2013, the Court of Appeals rejected Judge Scheindlin's motion asking to be heard on the disqualification issue and clarified the reason for reassigning the case. The Second Circuit held that the rationale for the reassignment was an appearance of impropriety, not its actual presence. 736 F.3d 118 (2d Cir. 2013).

In the meantime, NYC Mayor Bill de Blasio was elected, and took a very different approach to these cases. The city moved for limited remand from the Second Circuit to the district court for the purpose of exploring settlement. On February 21, 2014, the Second Circuit granted the City’s motion to remand to the district court to explore settlement for 45 days. The Second Circuit declined to decide the police unions' motion to intervene, preferring to let the district court decide that motion first. 743 F.3d 362 (2d Cir. 2014).

On March 4, 2014, the parties informed Judge Torres that they had “reached an agreement in principle for resolving the City's appeals in both Floyd and Ligon. The City agreed to substantially comply with the injunctive relief set forth in Judge Scheindlin's August 12, 2013, remedial order, subject to the parties' application to Judge Torres to limit the term of the court-appointed monitor to three years. When the monitor’s term ended, the City agreed to authorize the Inspector General of the NYPD to take over monitoring and reporting responsibilities. The parties agreed that the agreement could be terminated once the City has maintained compliance for two years. On July 30, 2014, Judge Torres granted the parties' joint motion to modify the remedial order and to enter it as an embodiment of their agreements.

On July 30, 2014, Judge Torres also issued an order denying the police unions' motions to intervene, finding, inter alia, that the motions were untimely and that the police unions did not assert a legally protectable interest. 302 F.R.D. 69 (S.D.N.Y. 2014). The police unions appealed.

However, on August 6, 2014, with the consent of the plaintiffs in Floyd and Ligon, the City moved to voluntarily dismiss its remaining appeals, with prejudice, stating that the parties had reached an agreement that resolved all the issues raised by the City's appeals in both Floyd and Ligon, and cleared the way for the parties to begin the remedial process and settlement negotiations.

On October 31, 2014, the Second Circuit granted the City’s request to voluntarily dismiss all appeals, with prejudice. In addition, the Second Circuit held that the unions’ motions to intervene were untimely and that the unions failed to establish legally protectable interests, as required to allow intervention. 770 F.3d 1051 (2d Cir. 2014).

The parties continued to work with the monitor on developing appropriate reforms. On February 3, 2015, Judge Torres issued an order regarding the procedure for the monitor to develop and the City to implement the reforms of NYPD’s stop-and-frisk activities. The monitor would consult with the parties to create a final recommendations for the implementation of remedies. Then, the court would approve or deny the final recommendations.

First, on February 23, 2015, the monitor submitted and Judge Torres approved, a memo that was read by the NYPD at 10 consecutive roll calls in all precincts detailing the reforms ordered by Judge Scheindlin in Floyd. The memo was also posted in police stations and provided to all officers. The document detailed the constitutional standards governing stop and frisks, explicitly prohibited racial profiling by police, ordered officers to include a narrative explanation for stops in their UF250 forms, and ordered the start of a pilot program outfitting police officers with body cameras.

Meanwhile, on March 18, 2015, the City suggested a way for all five police unions to participate in the remedial process. Under the City's approach, the City would share proposals with the unions before providing them to the monitor and the plaintiffs. The unions could then offer their comments, which the City would convey to the monitor. This approach would afford the unions an opportunity to inform the monitor of their viewpoints before the monitor reached conclusions and submitted the final recommendations to the Court. On March 19, 2015, Judge Torres issued an order approving this framework.

On August 7, 2015, the monitor submitted his final recommendations for reforms on racial profiling and street encounters. The new racial profiling policy imposed a categorical prohibition on racial and national origin profiling; it also prohibited other forms of biased policing not covered in the NYPD’s current policy, such as profiling on the basis of religion, gender identity or expression, sexual orientation, and housing status. The new street encounters policy regarding placed clearer legal limits on stops and frisks. It required supervisory review of officer conduct to ensure compliance with the Constitution. On August 24, 2015, Judge Torres approved the final recommendations.

On December 8, 2015, Judge Torres issued an order modifying the remedial order’s requirement that NYPD institute a pilot project in which body-worn cameras would be used for a one-year period. Judge Torres modified the order so that the NYPD would use a randomized experimental design for the body-worn camera pilot program.

By February 2017, the parties had a settlement agreement and began the formal process for court approval of a class-action settlement. Judge Torres approved the stipulation of settlement on July 19, 2017. The settlement includes payment to the named plaintiffs totaling $235,000 and attorneys' fees, costs, and expenses totaling $2,640,533. The stipulation also articulates specific standards for stopping, frisking, searching, arresting, and issuing summonses in and around TAP buildings and requires the NYPD to implement and consistently adhere to those standards. In addition to the specific reforms outlined in the settlement, it provides that further reforms will be developed as part of the remedial process described in the August 2013 Floyd/Ligon joint remedial order.

While the settlement of the claims in this case was being negotiated, the joint remedial process, part of the 2013 remedial order, included a comprehensive input process regarding recommended reforms. The input process concluded in April 2017, and in January 2018 the plaintiffs, describing the parties' impasse regarding the remedial process, requested that the facilitator issue a report and the parties hold a status conference. In an order of January 29, 2018, Judge Torres provided a schedule for the parties to work with the facilitator regarding reforms under the joint remedial process. Monitoring is ongoing in this case; see Floyd (PN-NY-0009) for the implementation and monitoring proceedings of the settlement agreements.

In February of 2018, the monitor filed proposed training materials for newly promoted lieutenants and sergeants. The materials involved guidebooks and powerpoint presentations that would be used during a four week training course (for lieutenants) and a six week training course (for sergeants). The next month, Judge Torres approved the materials. In June 2018, the monitor filed additional training materials regarding In-Service Stop and Frisks by Patrol Officers, which were approved by Judge Torres the next month.

On July 19, 2018, Judge Torres issued an order about the recommendation to document police-citizen encounters. The order stated that by September 13, 2018, the parties must submit a joint proposal for a pilot program to study the electronic recording of first- and second-level police-citizen encounters, to be overseen by the monitor. The proposal shall consider social science best practices. In developing the proposal, the parties shall consult with experts and the monitor. The monitor shall report to the Court whether the benefits of recording lower-level encounters outweigh the financial, administrative, and other costs, and whether the program should be expanded or terminated.

On July 27, 2018, the monitor filed a report on the use of body cameras by NYPD officers that outlines how the data from the pilot program will be used to analyze police/civilian interactions, police activity, and police lawfulness.

On August 13, 2018, Judge Torres approved a stipulation of fees for the time period of July 1, 2016 through December 31, 2017. The City agreed to pay fees of $275,149.00 to the New York Civil Liberties Union Foundation.

In December of 2018, the monitor issued a report recommending the Internal Affairs Bureau (IAB) Guide on Processing and Investigating Complaints of Profiling and Bias-Based Policing Patrol, and two Internal Investigations courses on profiling and police bias as training materials. Judge Torres granted these recommendations in January 2019.

On May 9, 2019, Judge Torres approved a stipulation of fees for the time period of January 1, 2018 through December 31, 2018. The City agreed to pay fees of $85,352.00 to the New York Civil Liberties Union Foundation.

On May 28, 2019, the monitor made a recommendation regarding training materials for Housing Bureau members, including housing one-day training scenarios on lobby trespass, stairwell trespass, shots fired interior patrol, and roof trespass, which the Judge granted the next day.

Judge Torres approved a proposed confidentiality order regarding the pilot study, which severely restricted public access to data collected on police encounters with civilians. The confidentiality order will protect the information that is obtained and created by trained observers studying officer behavior in the NYPD pilot study from disclosure to anyone other than the monitor and his team. In the related Floyd case, the plaintiffs moved for reconsideration of the confidentiality order, and Judge Torres denied this motion on October 25, 2019. Floyd v. City of New York, 2019 WL 5537875 (S.D.N.Y. Oct. 25, 2019).

On June 2, 2020, Judge Torres issued an order instructing the NYPD to systematically obtain and report various categories of information. This information included declinations of prosecutions by district attorneys in New York, suppression decisions by courts excluding evidence as a result of unlawful stops and searches, court findings of incredible testimony by police officers, denials of indemnification and/or representation of police officers by the New York City Law Department, and judgments and settlements against police officers in civil cases where, in the opinion of the New York City Law Department, there exists evidence of police malfeasance. This information will be compiled regularly by the NYPD and sent to a committee, who will review the information and make assessments of individual officers, as well as the extent and manner of the intervention to be applied. This committee will also track metrics to evaluate the efficacy of the program. The committee, in conjunction with the monitor, will also develop a program for receiving and assessing information regarding adverse conduct of police officers, and this information will be provided to the Police Commissioner.

In light of the COVID-19 pandemic, on June 2, 2020 the plaintiffs filed a motion to compel the defendants to produce information about the NYPD's use of investigative encounters and social distancing enforcement practices. The city has filed its opposition brief in response to this motion, and the monitor filed a letter opposing the plaintiffs' motion. On June 12, Judge Torres denied the plaintiffs' motion.

This case is ongoing.

Summary Authors

Emily Goldman (3/2/2013)

David Postel (11/25/2013)

Jessica Kincaid (4/1/2016)

Sarah McDonald (3/25/2018)

Sabrina Glavota (6/3/2020)

Related Cases

Daniels v. City of New York, Southern District of New York (1999)

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

Davis v. City of New York, Southern District of New York (2010)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4350399/parties/ligon-v-city-of-new-york/


Judge(s)

Cabranes, José Alberto (Connecticut)

Parker, Barrington Daniels Jr. (New York)

Pitman, Henry B. (New York)

Scheindlin, Shira A. (New York)

Torres, Analisa Nadine (New York)

Walker, John Mercer Jr. (New York)

Attorneys(s) for Plaintiff

Berges, Paige Lynn (New York)

Borchetta, Jennifer Rolnick (New York)

Cartagena, Juan (New York)

Charney, Darius (New York)

Judge(s)

Cabranes, José Alberto (Connecticut)

Parker, Barrington Daniels Jr. (New York)

Pitman, Henry B. (New York)

Scheindlin, Shira A. (New York)

Torres, Analisa Nadine (New York)

Walker, John Mercer Jr. (New York)

Attorneys(s) for Plaintiff

Berges, Paige Lynn (New York)

Borchetta, Jennifer Rolnick (New York)

Cartagena, Juan (New York)

Charney, Darius (New York)

Concepcion, Roberto Jr. (New York)

Dunn, Christopher (New York)

Fabricant, Maxwell Christopher (New York)

Grashin, Mayer Benjamin (New York)

Grunfeld, Michael (New York)

Hellerman, Eric (New York)

Hoff Varner, Gretchen Ann (New York)

Irwin, Philip Alexander (New York)

Jason, Kevin Eli (New York)

Karteron, Alexis (New York)

Kovel, Mariana Louise (New York)

Levy, Scott Duffield (New York)

Lustbader, Sarah Pazit (New York)

Maer, Foster (New York)

Martini, Kasey Lynn (New York)

Moore, Jonathan C. (New York)

Mullkoff, Daniel Erick (New York)

Nathanson, John A. (New York)

Patel, Sunita (New York)

Pendergrass, Taylor Scott (Colorado)

Peterson, Tiana Jeanne (New York)

Rahman, Shakeer (New York)

Resetarits, Jeffrey (District of Columbia)

Smyth, J. McGregor Jr. (New York)

Steinberg, Johanna B. (New York)

Wells, Jordan (New York)

Young, Chauniqua Danielle (New York)

Attorneys(s) for Defendant

Anakhu, Joy Tolulope (New York)

Booth, Amatullah Khaliha (New York)

Carter, Zachary W. (New York)

Cooke, Brenda Elaine (New York)

Cooper, David Allen (New York)

Marutollo, Joseph Anthony (New York)

Richardson, Lisa Marie (New York)

Sundaran, Raju (New York)

Weingarten, Richard Keith (New York)

Zuckerman, Mark (New York)

Other Attorney(s)

Dorsen, Norman (New York)

Engel, Steven A. (District of Columbia)

Gilbert, Michael J. (New York)

McGuire, James M. (New York)

Miller, Arthur R. (Massachusetts)

Neuborne, Burt (New York)

Ray, Lindsay Elizabeth (New York)

Resnik, Judith (Connecticut)

Schwarz, Frederick A.O. Jr. (New York)

Wiygul, Elisa Talora (Pennsylvania)

Expert/Monitor/Master

Davie, Fred (New York)

Jerome, Richard B. (District of Columbia)

O'Neill, James P (New York)

Zimroth, Peter L. (New York)

Documents in the Clearinghouse

Document

1:12-cv-02274

Docket [PACER]

June 12, 2020

June 12, 2020

Docket
1

1:12-cv-02274

Complaint

Ligon v. New York

March 28, 2012

March 28, 2012

Complaint
20

1:12-cv-02274

Memorandum Opinion and Order

June 12, 2012

June 12, 2012

Order/Opinion
32

1:12-cv-02274

Opinion and Order

Aug. 21, 2012

Aug. 21, 2012

Order/Opinion
57

1:12-cv-02274

Order

Oct. 11, 2012

Oct. 11, 2012

Order/Opinion
96

1:12-cv-02274

Opinion

Jan. 8, 2013

Jan. 8, 2013

Order/Opinion
99

1:12-cv-02274

Opinion

Jan. 22, 2013

Jan. 22, 2013

Order/Opinion
104

1:12-cv-02274

Opinion

288 F.R.D. 72, 2013 WL 500272

Feb. 11, 2013

Feb. 11, 2013

Order/Opinion
105

1:12-cv-02274

Amended Opinion & Order

925 F.Supp.2d 478

Feb. 14, 2013

Feb. 14, 2013

Order/Opinion
121

1:12-cv-02274

1:08-cv-01034

Opinion and Order

Floyd v. City of New York

959 F.Supp.2d 668, 2013 WL 4046217

Aug. 13, 2013

Aug. 13, 2013

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4350399/ligon-v-city-of-new-york/

Last updated May 30, 2022, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Joseph Bermudez, Johnny Blasini, City of New York, John Does 1-12, Raymond W. Kelly, Joseph Koch, Gregory Lomangino, Kieron Ramdeen, Miguel Santiago. (Filing Fee $ 350.00, Receipt Number 1033692)Document filed by A.O., Letitia Ledan, Jaenean Ligon, Fernando Moronta, Jacqueline Yates, Kieron Johnson, Abdullah Turner, Charles Bradley, Roshea Johnson, Jovan Jefferson, Fawn Bracy.(mro) (Entered: 03/29/2012)

March 28, 2012

March 28, 2012

RECAP

SUMMONS ISSUED as to Joseph Bermudez, Johnny Blasini, City of New York, John Does 1-12, Raymond W. Kelly, Joseph Koch, Gregory Lomangino, Kieron Ramdeen, Miguel Santiago. (mro)

March 28, 2012

March 28, 2012

PACER

CASE REFERRED TO Judge Shira A. Scheindlin as possibly related to 10-cv-699. (mro)

March 28, 2012

March 28, 2012

PACER

Case Designated ECF. (mro)

March 28, 2012

March 28, 2012

PACER
2

STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. (Signed by Judge Loretta A. Preska on 10/31/2011) (mro) (Entered: 03/29/2012)

March 28, 2012

March 28, 2012

PACER
3

SUMMONS RETURNED EXECUTED. City of New York served on 3/28/2012, answer due 4/18/2012. Service was accepted by Dmitriy Aronov. Document filed by A.O.; Letitia Ledan; Jaenean Ligon; Fernando Moronta; Jacqueline Yates; Kieron Johnson; Abdullah Turner; Charles Bradley; Roshea Johnson; Jovan Jefferson; Fawn Bracy. (Mullkoff, Daniel) (Entered: 04/02/2012)

April 2, 2012

April 2, 2012

RECAP
4

SUMMONS RETURNED EXECUTED. Raymond W. Kelly served on 3/28/2012, answer due 4/18/2012. Service was accepted by David Goldfarb. Document filed by A.O.; Letitia Ledan; Jaenean Ligon; Fernando Moronta; Jacqueline Yates; Kieron Johnson; Abdullah Turner; Charles Bradley; Roshea Johnson; Jovan Jefferson; Fawn Bracy. (Mullkoff, Daniel) (Entered: 04/02/2012)

April 2, 2012

April 2, 2012

PACER
5

SUMMONS RETURNED EXECUTED. Kieron Ramdeen served on 3/30/2012, answer due 4/20/2012. Service was accepted by Sgt. Theresa Sadlier. Document filed by A.O.; Letitia Ledan; Jaenean Ligon; Fernando Moronta; Jacqueline Yates; Kieron Johnson; Abdullah Turner; Charles Bradley; Roshea Johnson; Jovan Jefferson; Fawn Bracy. (Mullkoff, Daniel) (Entered: 04/02/2012)

April 2, 2012

April 2, 2012

PACER
6

SUMMONS RETURNED EXECUTED. Gregory Lomangino served on 3/30/2012, answer due 4/20/2012. Service was accepted by Sgt. Traci Jamerson-Barrett. Document filed by A.O.; Letitia Ledan; Jaenean Ligon; Fernando Moronta; Jacqueline Yates; Kieron Johnson; Abdullah Turner; Charles Bradley; Roshea Johnson; Jovan Jefferson; Fawn Bracy. (Mullkoff, Daniel) (Entered: 04/02/2012)

April 2, 2012

April 2, 2012

PACER
7

SUMMONS RETURNED EXECUTED. Joseph Koch served on 3/30/2012, answer due 4/20/2012. Service was accepted by Sgt. Traci Jamerson-Barrett. Document filed by A.O.; Letitia Ledan; Jaenean Ligon; Fernando Moronta; Jacqueline Yates; Kieron Johnson; Abdullah Turner; Charles Bradley; Roshea Johnson; Jovan Jefferson; Fawn Bracy. (Mullkoff, Daniel) (Entered: 04/02/2012)

April 2, 2012

April 2, 2012

PACER
8

SUMMONS RETURNED EXECUTED. Miguel Santiago served on 3/30/2012, answer due 4/20/2012. Service was accepted by P.A. Cathay Murray. Document filed by A.O.; Letitia Ledan; Jaenean Ligon; Fernando Moronta; Jacqueline Yates; Kieron Johnson; Abdullah Turner; Charles Bradley; Roshea Johnson; Jovan Jefferson; Fawn Bracy. (Mullkoff, Daniel) (Entered: 04/02/2012)

April 2, 2012

April 2, 2012

PACER
9

SUMMONS RETURNED EXECUTED. Joseph Bermudez served on 3/30/2012, answer due 4/20/2012. Service was accepted by Principal Keisha Sasso. Document filed by A.O.; Letitia Ledan; Jaenean Ligon; Fernando Moronta; Jacqueline Yates; Kieron Johnson; Abdullah Turner; Charles Bradley; Roshea Johnson; Jovan Jefferson; Fawn Bracy. (Mullkoff, Daniel) (Entered: 04/02/2012)

April 2, 2012

April 2, 2012

PACER
10

NOTICE OF APPEARANCE by Mark David Zuckerman on behalf of City of New York, Raymond W. Kelly (Zuckerman, Mark) (Entered: 04/03/2012)

April 3, 2012

April 3, 2012

PACER

CASE ACCEPTED AS RELATED. Create association to 1:10-cv-00699-SAS-HBP. Notice of Assignment to follow. (pgu)

April 3, 2012

April 3, 2012

PACER
11

NOTICE OF CASE ASSIGNMENT to Judge Shira A. Scheindlin. Judge Unassigned is no longer assigned to the case. (pgu) (Entered: 04/03/2012)

April 3, 2012

April 3, 2012

PACER

Magistrate Judge Henry B. Pitman is so designated. (pgu)

April 3, 2012

April 3, 2012

PACER
12

NOTICE OF APPEARANCE by Roberto, Jr. Concepcion on behalf of A.O., Fawn Bracy, Charles Bradley, Jovan Jefferson, Kieron Johnson, Roshea Johnson, Letitia Ledan, Jaenean Ligon, Fernando Moronta, Abdullah Turner, Jacqueline Yates (Concepcion, Roberto, Jr.) (Entered: 04/11/2012)

April 11, 2012

April 11, 2012

PACER
13

NOTICE OF APPEARANCE by Joseph Anthony Marutollo on behalf of City of New York, Raymond W. Kelly (Marutollo, Joseph) (Entered: 04/12/2012)

April 12, 2012

April 12, 2012

PACER

Minute Entry for proceedings held before Judge Shira A. Scheindlin: Initial Pretrial Conference held on 4/17/2012. (djc)

April 17, 2012

April 17, 2012

PACER
14

SCHEDULING ORDER:All depositions related to the motion for a preliminary injunction shall be completed by June 22, 2012. The plaintiffs shall submit an opening brief in support of their motion for a preliminary injunction by July 12, 2012;. The defendants' shall submit a brief in response by August 2, 2012. The plaintiffs shall submit any reply brief by August 13, 2012. (Signed by Judge Shira A. Scheindlin on 4/20/2012) (mro) (Entered: 04/23/2012)

April 23, 2012

April 23, 2012

PACER
15

TRANSCRIPT of Proceedings re: CONFERENCE held on 4/17/2012 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: William Richards, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/29/2012. Redacted Transcript Deadline set for 6/7/2012. Release of Transcript Restriction set for 8/3/2012.(McGuirk, Kelly) (Entered: 05/02/2012)

May 2, 2012

May 2, 2012

PACER
16

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/17/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 05/02/2012)

May 2, 2012

May 2, 2012

PACER
17

NOTICE OF APPEARANCE by Mariana Louise Kovel on behalf of A.O., Fawn Bracy, Charles Bradley, Jovan Jefferson, Kieron Johnson, Roshea Johnson, Letitia Ledan, Jaenean Ligon, Fernando Moronta, Abdullah Turner, Jacqueline Yates (Kovel, Mariana) (Entered: 05/22/2012)

May 22, 2012

May 22, 2012

PACER
18

ANSWER to 1 Complaint, with JURY DEMAND. Document filed by Joseph Bermudez, City of New York, Raymond W. Kelly, Joseph Koch, Gregory Lomangino, Kieron Ramdeen, Miguel Santiago.(Zuckerman, Mark) (Entered: 05/29/2012)

May 29, 2012

May 29, 2012

RECAP
19

NOTICE OF APPEARANCE by Taylor Scott Pendergrass on behalf of A.O., Fawn Bracy, Charles Bradley, Jovan Jefferson, Kieron Johnson, Roshea Johnson, Letitia Ledan, Jaenean Ligon, Fernando Moronta, Abdullah Turner, Jacqueline Yates (Pendergrass, Taylor) (Entered: 05/29/2012)

May 29, 2012

May 29, 2012

PACER

Minute Entry for proceedings held before Judge Shira A. Scheindlin: Initial Conference held on 5/29/2012. (cd)

May 29, 2012

May 29, 2012

PACER
20

MEMORANDUM OPINION AND ORDER: #101911 This putative class action challenges the New York City Police Department's implementation of Operation Clean Halls, a program pursuant to which police officers patrol inside and around thousands of private residential apartment buildings throughout New York City. Plaintiffs allege that they and their minor children have been unlawfully stopped, questioned, frisked, and/or arrested in or around their homes or their family members' homes. The parties' first discovery dispute involves defendants' request for the unsealing of records relating to any prior arrests of plaintiffs. Defendants have no legitimate reason to examine paperwork from an old arrest for possession of drugs or disorderly conduct that terminated in a plaintiff's favor and was sealed pursuant to important state privacy law. When it can, the federal interest in broad discovery should accommodate this New York privilege. Defendants must be provided access to prior arrest records and paperwork only for charges of trespass or related crimes for the past ten years. Plaintiffs should also disclose to defendants the length of time that they were detained and incarcerated as a result of any prior arrests and any emotional or physical injuries that they suffered as a result of those arrests. This disclosure may be made in a sworn affidavit, but does not require the unsealing of arrest records. If, despite this guidance, the parties still disagree about the unsealing of particular arrest files, I will adjudicate the disputes on a case-by-case basis. (Signed by Judge Shira A. Scheindlin on 6/12/2012) (rjm) Modified on 6/13/2012 (jab). (Entered: 06/12/2012)

June 12, 2012

June 12, 2012

RECAP
25

INTERNET CITATION NOTE: Material from decision with Internet citation re: 20 Memorandum & Opinion. (tro) (Entered: 07/17/2012)

June 12, 2012

June 12, 2012

PACER
21

ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute (Unsealing of arrest records/other disputes during depositions). Referred to Magistrate Judge Henry B. Pitman. (Signed by Judge Shira A. Scheindlin on 6/12/2012) (cd) (Entered: 06/13/2012)

June 13, 2012

June 13, 2012

PACER

Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Telephone Conference held on 6/13/2012. (mro)

June 13, 2012

June 13, 2012

PACER
22

NOTICE OF APPEARANCE by Richard Keith Weingarten on behalf of Joseph Bermudez, City of New York, Raymond W. Kelly, Joseph Koch, Gregory Lomangino, Kieron Ramdeen, Miguel Santiago (Weingarten, Richard) (Entered: 06/18/2012)

June 18, 2012

June 18, 2012

PACER

Minute Entry for proceedings held before Judge Shira A. Scheindlin: Status Conference held on 6/28/2012. (djc)

June 28, 2012

June 28, 2012

PACER
23

ORDER: The scheduling order regarding plaintiffs' motion for a preliminaryinjunction is amended to reflect the following dates: July 6 Plaintiffs to disclose incidents at issue; July 13 Defendants to disclose fact witnesses;July 13 Plaintiffs to identify their expert; July 27 Plaintiffs to produce expert report; Sept. 10 Fact discovery cut-off; Sept. 14 Defendants to produce expert report; Sept. 21 Plaintiffs to file moving brief; Sept. 28 Expert discovery cut-off; Oct. 5 Defendants to file opposition brief; Oct. 9 Plaintiffs to file reply brief; (Expert Witness List due by 9/28/2012, Fact Discovery due by 9/10/2012, Motions due by 9/21/2012, Responses due by 10/5/2012, Replies due by 10/9/2012.) (Signed by Judge Shira A. Scheindlin on 6/28/2012) (djc) (Entered: 06/29/2012)

June 29, 2012

June 29, 2012

PACER
24

STIPULATED PROTECTIVE ORDER: regarding procedures to be followed that shall govern the handling of confidential material. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 7/03/2012) (ama) (Entered: 07/05/2012)

July 3, 2012

July 3, 2012

RECAP

Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Telephone Conference held on 7/6/2012. (cd)

July 6, 2012

July 6, 2012

PACER

Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Telephone Conference held on 7/10/2012. (cd)

July 10, 2012

July 10, 2012

PACER
26

NOTICE OF APPEARANCE by Mayer Benjamin Grashin on behalf of A.O., Fawn Bracy, Charles Bradley, Jovan Jefferson, Kieron Johnson, Roshea Johnson, Letitia Ledan, Jaenean Ligon, Fernando Moronta, Abdullah Turner, Jacqueline Yates (Grashin, Mayer) (Entered: 07/20/2012)

July 20, 2012

July 20, 2012

PACER
27

NOTICE OF APPEARANCE by John A. Nathanson on behalf of A.O., Fawn Bracy, Charles Bradley, Jovan Jefferson, Kieron Johnson, Roshea Johnson, Letitia Ledan, Jaenean Ligon, Fernando Moronta, Abdullah Turner, Jacqueline Yates (Nathanson, John) (Entered: 07/20/2012)

July 20, 2012

July 20, 2012

PACER
28

NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Paige Lynn Berges on behalf of A.O., Fawn Bracy, Charles Bradley, Jovan Jefferson, Kieron Johnson, Roshea Johnson, Letitia Ledan, Jaenean Ligon, Fernando Moronta, Abdullah Turner, Jacqueline Yates (Berges, Paige) (Entered: 07/23/2012)

July 23, 2012

July 23, 2012

PACER
29

TRANSCRIPT of Proceedings re: CONFERNCE held on 5/29/2012 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Samuel Mauro, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/17/2012. Redacted Transcript Deadline set for 8/27/2012. Release of Transcript Restriction set for 10/25/2012.(McGuirk, Kelly) (Entered: 07/24/2012)

July 24, 2012

July 24, 2012

PACER
30

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNCE proceeding held on 5/29/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 07/24/2012)

July 24, 2012

July 24, 2012

PACER
31

NOTICE OF APPEARANCE by Tiana Jeanne Peterson on behalf of A.O., Fawn Bracy, Charles Bradley, Jovan Jefferson, Kieron Johnson, Roshea Johnson, Letitia Ledan, Jaenean Ligon, Fernando Moronta, Abdullah Turner, Jacqueline Yates (Peterson, Tiana) (Entered: 07/25/2012)

July 25, 2012

July 25, 2012

PACER

Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Telephone Conference held on 7/26/2012. (Landers, Rigoberto)

July 26, 2012

July 26, 2012

PACER

Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Telephone Conference held on 7/26/2012. (pl)

July 26, 2012

July 26, 2012

PACER

Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Telephone Conference held on 7/30/2012. (Landers, Rigoberto)

July 30, 2012

July 30, 2012

PACER

Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Telephone Conference held on 7/30/2012. (pl)

July 30, 2012

July 30, 2012

PACER

Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Telephone Conference held on 8/2/2012. (djc)

Aug. 2, 2012

Aug. 2, 2012

PACER

Minute Entry for proceedings held before Judge Shira A. Scheindlin: Status Conference held on 8/8/2012. (lmb)

Aug. 8, 2012

Aug. 8, 2012

PACER
32

OPINION AND ORDER # 102238: For the reasons stated above, defendants' request to summarily reject plaintiffs' motion for a preliminary injunction is denied. (Signed by Judge Shira A. Scheindlin on 8/21/2012) (djc) Modified on 8/24/2012 (ft). (Entered: 08/21/2012)

Aug. 21, 2012

Aug. 21, 2012

RECAP

Minute Entry for proceedings held before Judge Shira A. Scheindlin: Status Conference held on 8/21/2012. (djc)

Aug. 21, 2012

Aug. 21, 2012

PACER
33

ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Mark D. Zuckerman dated 8/7/2012 re: Counsel for Defendants writes to respectfully request that the Court again consider the issues raised at the May 29, 2012 conference held in this matter in light of discovery that has taken place since that time, and summarily deny or defer plaintiffs' application for a preliminary injunction for the reason that the issue that the Ligon plaintiffs wish to raise at the upcoming hearing is just one subset of what is being litigated in the previously filed Floyd class action. ENDORSEMENT: The Clerk is directed to docket the parties' letters dated August 7,9,13,14 and 16. (Signed by Judge Shira A. Scheindlin on 8/23/2012) (pl) Modified on 8/23/2012 (pl). (Entered: 08/23/2012)

Aug. 23, 2012

Aug. 23, 2012

PACER
34

Letter addressed to Judge Shira A. Scheindlin from Christopher Dunn dated 8/9/2012 re: counsel writes on behalf of the plaintiffs in this challenge to certain aspects of the NYPD's "Clean Halls" program, we write in response to the City's August 7, 2012, letter asking the Court to summarily deny the plaintiffs' planned motion for a preliminary injunction or to defer the preliminary injunction hearing scheduled for October 2012. Document filed by Fawn Bracy, Charles Bradley, Jovan Jefferson, Kieron Johnson, Roshea Johnson, Letitia Ledan, Jaenean Ligon, Fernando Moronta, Abdullah Turner, Jacqueline Yates.(pl) (Entered: 08/23/2012)

Aug. 23, 2012

Aug. 23, 2012

PACER
35

Letter addressed to Judge Shira A. Scheindlin from Christopher Dunn dated 8/13/2012 re: counsel writes on behalf of the plaintiffs, we write to follow up on last Thursday's telephone conference during which the Court requested information about the distribution of Clean Halls buildings amongst the five boroughs. Document filed by A.O., Fawn Bracy, Charles Bradley, Jovan Jefferson, Kieron Johnson, Roshea Johnson, Letitia Ledan, Jaenean Ligon, Fernando Moronta, Abdullah Turner, Jacqueline Yates.(pl) (Entered: 08/23/2012)

Aug. 23, 2012

Aug. 23, 2012

PACER
36

Letter addressed to Judge Shira A. Scheindlin from Mark D. Zuckerman dated 8/14/2012 re: counsel for defendants writes with respect to the four issues that are set forth in this letter. Document filed by Joseph Bermudez, Johnny Blasini, City of New York, John Does 1-12, Raymond W. Kelly, Joseph Koch, Gregory Lomangino, Kieron Ramdeen, Miguel Santiago.(pl) (Entered: 08/23/2012)

Aug. 23, 2012

Aug. 23, 2012

PACER
37

Letter addressed to Judge Shira A. Scheindlin from Christopher Dunn dated 8/16/2012 re: counsel writes in response to the portions of tile City's August 14 letter following up on last Thursday's telephone conference with the Court about the City's request for summary denial of the plaintiffs' planned motion for a preliminary injunction. Document filed by A.O., Fawn Bracy, Charles Bradley, Jovan Jefferson, Kieron Johnson, Roshea Johnson, Letitia Ledan, Jaenean Ligon, Fernando Moronta, Abdullah Turner, Jacqueline Yates.(pl) (Entered: 08/23/2012)

Aug. 23, 2012

Aug. 23, 2012

PACER
38

NOTICE OF ATTORNEY WITHDRAWAL: Paige Berges is no longer affiliated with Shearman & Sterling LLP, but the firm continues to act as counsel for Plaintiffs. Counsel further requests that no documents or other pleadings be given or served upon the above-mentioned attorney., Attorney Paige Lynn Berges terminated. (Signed by Magistrate Judge Henry B. Pitman on 8/29/2012) (lmb) (Entered: 08/30/2012)

Aug. 29, 2012

Aug. 29, 2012

PACER

Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Telephone Conference held on 9/7/2012. (mro)

Sept. 7, 2012

Sept. 7, 2012

PACER
39

TRANSCRIPT of Proceedings re: CONFERNCE held on 8/9/2012 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Thomas Murray, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/9/2012. Redacted Transcript Deadline set for 10/18/2012. Release of Transcript Restriction set for 12/17/2012.(McGuirk, Kelly) (Entered: 09/13/2012)

Sept. 13, 2012

Sept. 13, 2012

PACER
40

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNCE proceeding held on 8/9/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 09/13/2012)

Sept. 13, 2012

Sept. 13, 2012

PACER

Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Telephone Conference held on 9/13/2012. (pl)

Sept. 13, 2012

Sept. 13, 2012

PACER
41

ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Mark D. Zuckerman dated 9/14/2012 re: I write in opposition to the letter of Alexis Karteron, Esq. of this afternoon seeking a two-day extension of time for plaintiffs' to submit their moving brief in support of their application for a preliminary injunction from September 21, 2012 to September 25, 2012. ENDORSEMENT: Plaintiffs' brief is due September 24. Defendants' opposition is due October 8. Plaintiffs' reply is due, with a courtesy copy delivered to chambers, by noon on October 12. No further extensions for any reason., ( Motions due by 9/24/2012., Responses due by 10/8/2012., Replies due by 10/12/2012.) (Signed by Judge Shira A. Scheindlin on 9/18/2012) (lmb) (Entered: 09/18/2012)

Sept. 18, 2012

Sept. 18, 2012

PACER
42

MOTION for Preliminary Injunction. Document filed by A.O., Fawn Bracy, Charles Bradley, Jovan Jefferson, Kieron Johnson, Roshea Johnson, Letitia Ledan, Jaenean Ligon, Fernando Moronta, Abdullah Turner, Jacqueline Yates.(Karteron, Alexis) (Entered: 09/24/2012)

Sept. 24, 2012

Sept. 24, 2012

RECAP
43

MEMORANDUM OF LAW in Support re: 42 MOTION for Preliminary Injunction.. Document filed by A.O., Fawn Bracy, Charles Bradley, Jovan Jefferson, Kieron Johnson, Roshea Johnson, Letitia Ledan, Jaenean Ligon, Fernando Moronta, Abdullah Turner, Jacqueline Yates. (Karteron, Alexis) (Entered: 09/24/2012)

Sept. 24, 2012

Sept. 24, 2012

RECAP
44

DECLARATION of Daniel Mullkoff in Support re: 42 MOTION for Preliminary Injunction.. Document filed by A.O., Fawn Bracy, Charles Bradley, Jovan Jefferson, Kieron Johnson, Roshea Johnson, Letitia Ledan, Jaenean Ligon, Fernando Moronta, Abdullah Turner, Jacqueline Yates. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K)(Karteron, Alexis) (Entered: 09/24/2012)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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11 Exhibit K

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Sept. 24, 2012

Sept. 24, 2012

RECAP

Minute Entry for proceedings held before Judge Shira A. Scheindlin: Default Hearing held on 9/24/2012. (djc)

Sept. 24, 2012

Sept. 24, 2012

PACER
45

NOTICE OF APPEARANCE by Sarah Pazit Lustbader on behalf of A.O., Fawn Bracy, Charles Bradley, Jovan Jefferson, Kieron Johnson, Roshea Johnson, Letitia Ledan, Jaenean Ligon, Fernando Moronta, Abdullah Turner, Jacqueline Yates (Lustbader, Sarah) (Entered: 10/01/2012)

Oct. 1, 2012

Oct. 1, 2012

PACER
46

MOTION in Limine. Document filed by A.O., Fawn Bracy, Charles Bradley, Jovan Jefferson, Kieron Johnson, Roshea Johnson, Letitia Ledan, Jaenean Ligon, Fernando Moronta, Abdullah Turner, Jacqueline Yates.(Karteron, Alexis) (Entered: 10/01/2012)

Oct. 1, 2012

Oct. 1, 2012

RECAP
47

MEMORANDUM OF LAW in Support re: 46 MOTION in Limine.. Document filed by A.O., Fawn Bracy, Charles Bradley, Jovan Jefferson, Kieron Johnson, Roshea Johnson, Letitia Ledan, Jaenean Ligon, Fernando Moronta, Abdullah Turner, Jacqueline Yates. (Karteron, Alexis) (Entered: 10/01/2012)

Oct. 1, 2012

Oct. 1, 2012

RECAP
48

DECLARATION of Daniel Mullkoff in Support re: 46 MOTION in Limine.. Document filed by A.O., Fawn Bracy, Charles Bradley, Jovan Jefferson, Kieron Johnson, Roshea Johnson, Letitia Ledan, Jaenean Ligon, Fernando Moronta, Abdullah Turner, Jacqueline Yates. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Karteron, Alexis) (Entered: 10/01/2012)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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Oct. 1, 2012

Oct. 1, 2012

PACER
49

MEMORANDUM OF LAW in Opposition re: 46 MOTION in Limine.. Document filed by Joseph Bermudez, City of New York, Raymond W. Kelly, Joseph Koch, Gregory Lomangino, Kieron Ramdeen, Miguel Santiago. (Marutollo, Joseph) (Entered: 10/05/2012)

Oct. 5, 2012

Oct. 5, 2012

RECAP
50

DECLARATION of Mark Zuckerman in Opposition re: 46 MOTION in Limine.. Document filed by Joseph Bermudez, City of New York, Raymond W. Kelly, Joseph Koch, Gregory Lomangino, Kieron Ramdeen, Miguel Santiago. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K)(Marutollo, Joseph) (Entered: 10/05/2012)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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11 Exhibit K

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Oct. 5, 2012

Oct. 5, 2012

RECAP

Minute Entry for proceedings held before Judge Shira A. Scheindlin: Status Conference held on 10/5/2012. (mro)

Oct. 5, 2012

Oct. 5, 2012

PACER
51

MEMORANDUM OF LAW in Opposition re: 42 MOTION for Preliminary Injunction.. Document filed by Joseph Bermudez, City of New York, Raymond W. Kelly, Joseph Koch, Gregory Lomangino, Kieron Ramdeen, Miguel Santiago. (Marutollo, Joseph) (Entered: 10/06/2012)

Oct. 6, 2012

Oct. 6, 2012

RECAP
52

DECLARATION of Mark Zuckerman in Opposition re: 42 MOTION for Preliminary Injunction.. Document filed by Joseph Bermudez, City of New York, Raymond W. Kelly, Joseph Koch, Gregory Lomangino, Kieron Ramdeen, Miguel Santiago. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O)(Marutollo, Joseph) (Entered: 10/06/2012)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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11 Exhibit K

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12 Exhibit L

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13 Exhibit M

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14 Exhibit N

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15 Exhibit O

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Oct. 6, 2012

Oct. 6, 2012

PACER
53

NOTICE OF APPEARANCE by Brenda Elaine Cooke on behalf of Joseph Bermudez, Johnny Blasini, City of New York, Raymond W. Kelly, Joseph Koch, Gregory Lomangino, Kieron Ramdeen, Miguel Santiago (Cooke, Brenda) (Entered: 10/09/2012)

Oct. 9, 2012

Oct. 9, 2012

PACER
54

REPLY MEMORANDUM OF LAW in Support re: 46 MOTION in Limine.. Document filed by A.O., Fawn Bracy, Charles Bradley, Jovan Jefferson, Kieron Johnson, Roshea Johnson, Letitia Ledan, Jaenean Ligon, Fernando Moronta, Abdullah Turner, Jacqueline Yates. (Karteron, Alexis) (Entered: 10/09/2012)

Oct. 9, 2012

Oct. 9, 2012

RECAP
55

DECLARATION of Alexis Karteron in Support re: 46 MOTION in Limine.. Document filed by A.O., Fawn Bracy, Charles Bradley, Jovan Jefferson, Kieron Johnson, Roshea Johnson, Letitia Ledan, Jaenean Ligon, Fernando Moronta, Abdullah Turner, Jacqueline Yates. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Karteron, Alexis) (Entered: 10/09/2012)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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Oct. 9, 2012

Oct. 9, 2012

PACER
56

DECLARATION of Mark D. Zuckerman in Opposition re: 42 MOTION for Preliminary Injunction.. Document filed by City of New York. (Attachments: # 1 Exhibit A)(Zuckerman, Mark) (Entered: 10/11/2012)

1 Exhibit A

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Oct. 11, 2012

Oct. 11, 2012

PACER
57

ORDER granting in part and denying in part 46 Motion in Limine. For the reasons stated at today's conference, plaintiffs' Motion in Limine is granted in part and denied in part. The Clerk of the Court is directed to close this motion [Docket No. 46]. (Signed by Judge Shira A. Scheindlin on 10/11/2012) (mro) (Entered: 10/12/2012)

Oct. 11, 2012

Oct. 11, 2012

RECAP

Minute Entry for proceedings held before Judge Shira A. Scheindlin: Pre-Motion Conference held on 10/11/2012. (mro)

Oct. 11, 2012

Oct. 11, 2012

PACER
58

REPLY MEMORANDUM OF LAW in Support re: 42 MOTION for Preliminary Injunction.. Document filed by A.O., Fawn Bracy, Charles Bradley, Jovan Jefferson, Kieron Johnson, Roshea Johnson, Letitia Ledan, Jaenean Ligon, Fernando Moronta, Abdullah Turner, Jacqueline Yates. (Karteron, Alexis) (Entered: 10/12/2012)

Oct. 12, 2012

Oct. 12, 2012

RECAP
59

DECLARATION of Alexis Karteron in Support re: 42 MOTION for Preliminary Injunction.. Document filed by A.O., Fawn Bracy, Charles Bradley, Jovan Jefferson, Kieron Johnson, Roshea Johnson, Letitia Ledan, Jaenean Ligon, Fernando Moronta, Abdullah Turner, Jacqueline Yates. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Karteron, Alexis) (Entered: 10/12/2012)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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Oct. 12, 2012

Oct. 12, 2012

PACER

Minute Entry for proceedings held before Judge Shira A. Scheindlin: Motion Hearing held on 10/15/2012 re: 42 MOTION for Preliminary Injunction filed by Kieron Johnson, Letitia Ledan, Abdullah Turner, Fawn Bracy, Jacqueline Yates, Jaenean Ligon, Charles Bradley, Roshea Johnson, Fernando Moronta, Jovan Jefferson, A.O. (rjm)

Oct. 15, 2012

Oct. 15, 2012

PACER

Minute Entry for proceedings held before Judge Shira A. Scheindlin: Motion Hearing held on 10/16/2012 re: 42 MOTION for Preliminary Injunction filed by Kieron Johnson, Letitia Ledan, Abdullah Turner, Fawn Bracy, Jacqueline Yates, Jaenean Ligon, Charles Bradley, Roshea Johnson, Fernando Moronta, Jovan Jefferson, A.O. (rjm)

Oct. 16, 2012

Oct. 16, 2012

PACER

Minute Entry for proceedings held before Judge Shira A. Scheindlin: Motion Hearing held on 10/17/2012 re: 42 MOTION for Preliminary Injunction filed by Kieron Johnson, Letitia Ledan, Abdullah Turner, Fawn Bracy, Jacqueline Yates, Jaenean Ligon, Charles Bradley, Roshea Johnson, Fernando Moronta, Jovan Jefferson, A.O. (rjm)

Oct. 17, 2012

Oct. 17, 2012

PACER

Minute Entry for proceedings held before Judge Shira A. Scheindlin: Motion Hearing held on 10/18/2012 re: 42 MOTION for Preliminary Injunction filed by Kieron Johnson, Letitia Ledan, Abdullah Turner, Fawn Bracy, Jacqueline Yates, Jaenean Ligon, Charles Bradley, Roshea Johnson, Fernando Moronta, Jovan Jefferson, A.O. (rjm)

Oct. 18, 2012

Oct. 18, 2012

PACER
60

TRANSCRIPT of Proceedings re: CONFERENCE held on 10/11/2012 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Kristen Carannante, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/13/2012. Redacted Transcript Deadline set for 11/26/2012. Release of Transcript Restriction set for 1/22/2013.(Moya, Goretti) (Entered: 10/19/2012)

Oct. 19, 2012

Oct. 19, 2012

PACER
61

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/11/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Moya, Goretti) (Entered: 10/19/2012)

Oct. 19, 2012

Oct. 19, 2012

PACER
62

TRANSCRIPT of Proceedings re: CONFERENCE held on 9/24/2012 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/13/2012. Redacted Transcript Deadline set for 11/26/2012. Release of Transcript Restriction set for 1/22/2013.(Moya, Goretti) (Entered: 10/19/2012)

Oct. 19, 2012

Oct. 19, 2012

PACER
63

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 9/24/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Moya, Goretti) (Entered: 10/19/2012)

Oct. 19, 2012

Oct. 19, 2012

PACER
64

TRANSCRIPT of Proceedings re: CONFERENCE held on 8/9/2012 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Thomas Murray, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/13/2012. Redacted Transcript Deadline set for 11/26/2012. Release of Transcript Restriction set for 1/22/2013.(Moya, Goretti) (Entered: 10/19/2012)

Oct. 19, 2012

Oct. 19, 2012

PACER
65

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 8/9/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Moya, Goretti) (Entered: 10/19/2012)

Oct. 19, 2012

Oct. 19, 2012

PACER

Minute Entry for proceedings held before Judge Shira A. Scheindlin: Motion Hearing held on 10/19/2012 re: 42 MOTION for Preliminary Injunction filed by Kieron Johnson, Letitia Ledan, Abdullah Turner, Fawn Bracy, Jacqueline Yates, Jaenean Ligon, Charles Bradley, Roshea Johnson, Fernando Moronta, Jovan Jefferson, A.O. (rjm)

Oct. 19, 2012

Oct. 19, 2012

PACER

Minute Entry for proceedings held before Judge Shira A. Scheindlin: Motion Hearing held on 10/22/2012 re: 42 MOTION for Preliminary Injunction filed by Kieron Johnson, Letitia Ledan, Abdullah Turner, Fawn Bracy, Jacqueline Yates, Jaenean Ligon, Charles Bradley, Roshea Johnson, Fernando Moronta, Jovan Jefferson, A.O. (rjm)

Oct. 22, 2012

Oct. 22, 2012

PACER

Minute Entry for proceedings held before Judge Shira A. Scheindlin: Motion Hearing held on 10/23/2012 re: 42 MOTION for Preliminary Injunction filed by Kieron Johnson, Letitia Ledan, Abdullah Turner, Fawn Bracy, Jacqueline Yates, Jaenean Ligon, Charles Bradley, Roshea Johnson, Fernando Moronta, Jovan Jefferson, A.O. (rjm)

Oct. 23, 2012

Oct. 23, 2012

PACER
66

ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Alexis Karteron dated 11/5/2012 re: Counsel for the plaintiffs request that the pending brief deadlines be adjusted as follows: (1) a three day extension of time, until Friday, November 9, for the plaintiffs to file their Motion for Class Certification; and (2) a two-day extension of time, until Friday, November 16, for the plaintiffs and the defendants to file their post-hearing briefs. ENDORSEMENT: Plaintiffs' request is granted. The deadline for plaintiffs' Motion for Class Certification is extended until November 9, 2012. The deadline for plaintiffs' and defendant's post-hearing briefs is extended until November 16, 2012. So ordered. (Motions due by 11/9/2012.) (Signed by Judge Shira A. Scheindlin on 11/5/2012) (ft) (Entered: 11/07/2012)

Nov. 5, 2012

Nov. 5, 2012

PACER

Minute Entry for proceedings held before Judge Shira A. Scheindlin: Status Conference held on 11/7/2012. (js)

Nov. 7, 2012

Nov. 7, 2012

PACER
67

MOTION to Certify Class. Document filed by A.O., Fawn Bracy, Charles Bradley, Jovan Jefferson, Kieron Johnson, Roshea Johnson, Letitia Ledan, Jaenean Ligon, Fernando Moronta, Abdullah Turner, Jacqueline Yates.(Karteron, Alexis) (Entered: 11/09/2012)

Nov. 9, 2012

Nov. 9, 2012

RECAP
68

MEMORANDUM OF LAW in Support re: 67 MOTION to Certify Class.. Document filed by A.O., Fawn Bracy, Charles Bradley, Jovan Jefferson, Kieron Johnson, Roshea Johnson, Letitia Ledan, Jaenean Ligon, Fernando Moronta, Abdullah Turner, Jacqueline Yates. (Karteron, Alexis) (Entered: 11/09/2012)

Nov. 9, 2012

Nov. 9, 2012

RECAP
69

DECLARATION of Christopher Dunn in Support re: 67 MOTION to Certify Class.. Document filed by A.O., Fawn Bracy, Charles Bradley, Jovan Jefferson, Kieron Johnson, Roshea Johnson, Letitia Ledan, Jaenean Ligon, Fernando Moronta, Abdullah Turner, Jacqueline Yates. (Karteron, Alexis) (Entered: 11/09/2012)

Nov. 9, 2012

Nov. 9, 2012

RECAP

Case Details

State / Territory: New York

Case Type(s):

Policing

Special Collection(s):

Stop-and-Frisk (NY)

Key Dates

Filing Date: March 28, 2012

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs are twelve New York City residents and one former New York City resident. They seek a class certification for all residents of Clean Hall Buildings and their family, guests, and visitors and for all individuals who have been or are likely to be unlawfully stopped or arrested for being in or around building in the "Operation Clean Halls" initiative.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Center for Constitutional Rights (CCR)

LatinoJustice PRLDEF

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City of New York, City

New York City Police Department, City

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Fair Housing Act/Fair Housing Amendments Act (FHAA), 42 U.S.C. §§ 3601 et seq.

State law

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Freedom of speech/association

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Declaratory Judgment

Attorneys fees

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 3,236034

Order Duration: 2013 - None

Content of Injunction:

Discrimination Prohibition

Monitor/Master

Monitoring

Preliminary relief granted

Reporting

Training

Issues

General:

Disparate Impact

Disparate Treatment

Excessive force

Failure to supervise

Failure to train

False arrest

Over/Unlawful Detention

Pattern or Practice

Personal injury

Racial profiling

Search policies

Discrimination-basis:

National origin discrimination

Race discrimination

Race:

Black

National Origin/Ethnicity:

Hispanic