Case: Blair v. City of New York

1:08-cv-04303 | U.S. District Court for the Southern District of New York

Filed Date: May 7, 2008

Closed Date: 2008

Clearinghouse coding complete

Case Summary

On May 7, 2008, a black New York City resident filed this lawsuit in the U.S. District Court for the Southern District of New York under 42 U.S.C. § 1983. The plaintiff, represented by attorneys from the New York Civil Liberties Union, sought declaratory and injunctive relief, as well as damages and attorneys' fees, alleging that the City of New York's "stop and frisk" policy violated his Fourth and Fourteenth Amendment rights, as well as various rights under the New York State Constitution and…

On May 7, 2008, a black New York City resident filed this lawsuit in the U.S. District Court for the Southern District of New York under 42 U.S.C. § 1983. The plaintiff, represented by attorneys from the New York Civil Liberties Union, sought declaratory and injunctive relief, as well as damages and attorneys' fees, alleging that the City of New York's "stop and frisk" policy violated his Fourth and Fourteenth Amendment rights, as well as various rights under the New York State Constitution and laws.

This case is related to Floyd v. City of New York, 08-cv-1034 (PN-NY-0009 in this Clearinghouse). The facts giving rise to the lawsuit occurred on November 28, 2007 when plaintiff was stopped, frisked, and taken to and detained at the 49th Precinct. Plaintiff was issued two summonses for disobeying a lawful order and making unreasonable noise, both of which were ultimately dismissed.

On September 24, 2008, the parties settled all of plaintiff's claims. Plaintiff received $15,001 and attorneys' fees of $9,000.00, and the City of New York agreed to treat the record of his detention as sealed.

Summary Authors

Brendan Brown (9/28/2014)

Related Cases

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

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4342489/parties/blair-v-the-city-of-new-york/


Judge(s)

Pitman, Henry B. (New York)

Scheindlin, Shira A. (New York)

Attorneys(s) for Plaintiff

Eisenberg, Arthur (New York)

Attorneys(s) for Defendant

Cardozo, Michael A. (New York)

Rossan, Jennifer (New York)

Other Attorney(s)

Active

Judge(s)

Pitman, Henry B. (New York)

Scheindlin, Shira A. (New York)

Attorneys(s) for Plaintiff

Eisenberg, Arthur (New York)

Attorneys(s) for Defendant

Cardozo, Michael A. (New York)

Rossan, Jennifer (New York)

Other Attorney(s)

Dunn, Christopher (New York)

Documents in the Clearinghouse

Document

1:08-cv-04303

Docket [PACER]

Blair v. The City of New York

Sept. 24, 2008

Sept. 24, 2008

Docket
1

1:08-cv-04303

Complaint

May 7, 2008

May 7, 2008

Complaint
19

1:08-cv-04303

Stipulation of Settlement and Order of Discontinuance

Sept. 24, 2008

Sept. 24, 2008

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4342489/blair-v-the-city-of-new-york/

Last updated Aug. 7, 2022, 3:24 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against The City of New York, Raymond Kelly, William Castillo, Eric Reynolds. (Filing Fee $ 350.00, Receipt Number 649999)Document filed by Leonardo Blair.(rdz) (mbe).

May 7, 2008

May 7, 2008

Clearinghouse
2

SUMMONS RETURNED EXECUTED. William Castillo served on 5/8/2008, answer due 5/28/2008. Service was accepted by Sgt. Ruth Sharma. Document filed by Leonardo Blair. (Dunn, Christopher)

May 12, 2008

May 12, 2008

RECAP
3

SUMMONS RETURNED EXECUTED. Raymond Kelly served on 5/7/2008, answer due 5/27/2008. Service was accepted by Lt. Daniel Albano. Document filed by Leonardo Blair. (Dunn, Christopher)

May 12, 2008

May 12, 2008

RECAP
4

SUMMONS RETURNED EXECUTED. The City of New York served on 5/7/2008, answer due 5/27/2008. Service was accepted by Clerk, New York City Law Department. Document filed by Leonardo Blair. (Dunn, Christopher)

May 12, 2008

May 12, 2008

RECAP
5

SUMMONS RETURNED EXECUTED. Eric Reynolds served on 5/8/2008, answer due 5/28/2008. Service was accepted by Sgt. Ruth Sharma. Document filed by Leonardo Blair. (Dunn, Christopher)

May 12, 2008

May 12, 2008

RECAP
6

NOTICE OF CASE ASSIGNMENT to Judge Shira A. Scheindlin. Judge Unassigned is no longer assigned to the case. (jeh) (jeh).

May 19, 2008

May 19, 2008

RECAP
7

ENDORSED LETTER addressed to Judge Shira A. Scheindlin from David M. Hazan dated 5/30/08 re: Defendants requests that the court grant their request for a sixty-day enlargement of the City defendant's time to respond to the complaint, until 7/28/08. ENDORSEMENT: request granted. All defendants may have until 7/28/08 to respond to the complaint. This will not affect the scheduling of an initial conference. (Signed by Judge Shira A. Scheindlin on 6/3/08) (pl) Modified on 6/10/2008 (pl).

June 4, 2008

June 4, 2008

RECAP
9

ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Christopher Dunn dated 5/30/08 re: Counsel for Plaintiff request an initial conference at the Court's earliest convenience. ENDORSEMENT: An initial conference is schedule for June 9 at 11:00 a.m. (Signed by Judge Shira A. Scheindlin on 6/3/08) (tro)

June 4, 2008

June 4, 2008

RECAP
8

ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Jennifer Rossan dated 6/5/2008 re: Counsel writes to request that the initial conference be adjourned until 6/12, before 1:00 p.m. ENDORSEMENT: Request granted. The conference is scheduled for 6/12/2008 at 12:00 p.m. SO ORDERED. ( Initial Conference set for 6/12/2008 at 12:00 PM before Judge Shira A. Scheindlin.) (Signed by Judge Shira A. Scheindlin on 6/5/2008) (tve)

June 5, 2008

June 5, 2008

RECAP
10

ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Henry B. Pitman. (Signed by Judge Shira A. Scheindlin on 6/12/08) (pl)

June 16, 2008

June 16, 2008

PACER
11

ORDER OF DISCONTINUANCE: This action is discontinued with prejudice but without costs. Restoration period set for 30 days. (Signed by Judge Shira A. Scheindlin on 6/25/08) (db)

June 25, 2008

June 25, 2008

RECAP
12

TRANSCRIPT of proceedings held on 6/12/08 before Judge Shira A. Scheindlin. (ama)

July 8, 2008

July 8, 2008

PACER
13

ENDORSED LETTER addressed to Judge Shira A. Scheindlin from David M. Hazan dated 7/21/2008 re: Counsel for defendants writes to request that the period for the action to be restored be extended one week until 8/1/2008. ENDORSEMENT: Defendant's request is granted. The period within which plaintiff may request restoration of the action is extended to 8/1/2008. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 7/21/2008) (tve)

July 21, 2008

July 21, 2008

RECAP
14

ENDORSED LETTER addressed to Judge Shira A. Scheindlin from David M. Hazan dated 7/31/08 re: Counsel for Defendants the City of New York and New York City Police Commissioner Raymond Kelly request that the restoration period be extended another week until 8/8/08. ENDORSEMENT: Defendants' request is granted. Time for this action to be restored to the calendar is extended to August 8, 2008. (Signed by Judge Shira A. Scheindlin on 7/31/08) (tro)

Aug. 1, 2008

Aug. 1, 2008

RECAP
15

ENDORSED LETTER addressed to Judge Shira A. Scheindlin from David M. Hazan dated 8/8/2008 re: Requesting that the restoration period be extended one additional week until August 15, 2008. ENDORSEMENT: Request granted. The time in which to restore the case to the calendar is extended to and including August 15, 2008. So Ordered. (Signed by Judge Shira A. Scheindlin on 8/8/2008) (jpo)

Aug. 8, 2008

Aug. 8, 2008

RECAP
16

ENDORSED LETTER addressed to Judge Shira A. Scheindlin from David M. Hazan dated 8/15/2008 re: Counsel respectfully request that the restoration period be extended one additional week until August 22, 2008. ENDORSEMENT: Request granted. Either party may restore the case to the calendar by August 22, 2008. So ordered. (Signed by Judge Shira A. Scheindlin on 8/15/2008) (jfe)

Aug. 18, 2008

Aug. 18, 2008

RECAP
17

ENDORSED LETTER addressed to Judge Shira A. Sheindlin from David M. Hazan dated 8/21/08 re: Counsel writes to request an extension of the deadline by which plaintiff may request to restore the case to the calendar to September 19, 2008. ENDORSEMENT: Defendants request is hereby granted. Either party may restore the case to the calendar by September 19, 2008. (Signed by Judge Shira A. Scheindlin on 8/21/08) (mme)

Aug. 21, 2008

Aug. 21, 2008

RECAP

Case Details

State / Territory: New York

Case Type(s):

Policing

Special Collection(s):

Stop-and-Frisk (NY)

Multi-LexSum (in sample)

Key Dates

Filing Date: May 7, 2008

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A black New York City resident

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of New York (New York City), City

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: $24,001.00

Issues

General:

Disparate Impact

Disparate Treatment

Over/Unlawful Detention

Pattern or Practice

Racial profiling

Search policies

Discrimination-basis:

Race discrimination

Race:

Black

Affected Gender:

Male