Case: R.C. v. City of New York

153739/2018 | New York state trial court

Filed Date: April 24, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

Under New York law, records must be sealed from cases where the prosecutor declined to pursue charges, the charges were later dismissed, or the allegations were disproven in court. On April 24, 2018, three plaintiffs brought a class action suit in New York state court against the city of New York and New York City Police Department Commissioner challenging the use of the sealed records. The plaintiffs alleged that New York Police Department (NYPD) policy and practice allowed the use of informat…

Under New York law, records must be sealed from cases where the prosecutor declined to pursue charges, the charges were later dismissed, or the allegations were disproven in court. On April 24, 2018, three plaintiffs brought a class action suit in New York state court against the city of New York and New York City Police Department Commissioner challenging the use of the sealed records. The plaintiffs alleged that New York Police Department (NYPD) policy and practice allowed the use of information from records of arrest that did not result in criminal convictions to target predominantly Black and Latino people for investigation, arrest, and harsher penalties. They alleged that this practice violated New York law and due process under the New York state constitution. Represented by private counsel and the Bronx Defender Services, the plaintiffs sought declaratory and injunctive relief requiring the NYPD to implement protocols, trainings and safeguards to prohibit the improper access, use, or disclosure of sealed records. They also sought damages and attorneys’ fees and costs.

The defendants sought to dismiss the case and, on April 30, 2019, Judge Alexander M. Tisch granted the defendants’ motion to dismiss in part and denied the motion in part. The judge agreed with the defendants that based on precedent the plaintiffs failed to state a due process claim. Judge Tisch reasoned that the state’s establishment of procedures to be followed did not automatically imply that the state created a liberty interest that would allow plaintiffs to sue under a due process claim. However, the judge upheld the sufficiency of plaintiffs' causes of action under New York law. This case was then reassigned to Judge Lyle E. Frank, but it is not clear to the Clearinghouse why.

On September 5, 2019, Judge Frank granted the plaintiffs class action certification. The class was certified as “all those who have sealed records and who have been or may be aggrieved by the NYPD's policies and practices.” The judge agreed with the plaintiffs that there are likely tens of thousands of individuals who would be impacted by this case based on the number of arrests in recent years.

The parties engaged in contentious discovery and on July 8, 2021, the plaintiffs filed a motion for a preliminary injunction. They requested that defendants be preliminarily enjoined from training NYPD personnel in a manner that violates sealing statutes. The plaintiffs also asked that the defendants issue legal directives to NYPD personnel regarding the statutes, prohibit personnel from accessing sealed records without a court order, and remove confidentiality designations from relevant trainings requested in discovery. Judge Lyle E. Frank granted the injunction on September 27, 2021.

The plaintiffs filed a motion to enforce the preliminary injunction on August 23, 2022 after the NYPD shared sealed arrest information about ten plaintiffs at a press conference. On March 2, 2023, the court found that the NYPD had violated the preliminary injunction, but declined to issue sanctions, finding that NYPD officials could have been acting in good faith.

The court ordered, without either party moving for such an order, what it deemed an "implementation plan" on March 29, 2023. Broadly, the plan prohibited the defendants from using, accessing, or disclosing sealed records subject to limited exceptions. The court further ordered the defendants to establish a "permission list" of individuals who, in accordance with other statutes, were allowed to access such sealed records. Additionally, the plan set forth recordkeeping requirements when the NYPD conducted automated audits of record access attempts. Further, the plan required the defendants to establish training and reporting measures.

On April 28, 2023, the defendants gave notice of their intent to appeal. As of June 1, 2023, this case is ongoing.

Summary Authors

Richa Bijlani (2/19/2020)

Robin Peterson (5/25/2023)

People


Judge(s)
Attorney for Plaintiff

Barbour, Sharon L. (New York)

Boettcher, Eric (New York)

Borchetta, Jennifer Rolnick (New York)

Cinnamon, Michael (New York)

Erdelack, Wesley Lyons (New York)

Attorney for Defendant

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Documents in the Clearinghouse

Document

153739/2018

Docket

April 3, 2023

April 3, 2023

Docket

153739/2018

Class Action Complaint

New York state supreme court

April 24, 2018

April 24, 2018

Complaint

153739/2018

Decision and Order

New York state supreme court

April 30, 2019

April 30, 2019

Order/Opinion

153739/2018

Decision + Order on Motion

New York state supreme court

Sept. 5, 2019

Sept. 5, 2019

Order/Opinion

153739/2018

Plaintiffs’ Memorandum of Law in Support of their Motion for a Preliminary Injunction and to De-Designate

July 8, 2021

July 8, 2021

Pleading / Motion / Brief

153739/2018

Decision + Order on Motion

Sept. 27, 2021

Sept. 27, 2021

Order/Opinion

153739/2018

Plaintiffs' Memorandum of Law in Support of their Motion to Enforce the Preliminary Injunction

Aug. 23, 2022

Aug. 23, 2022

Pleading / Motion / Brief

153739/2018

Decision + Order on Motion

March 2, 2023

March 2, 2023

Order/Opinion

153739/2018

Order

March 29, 2023

March 29, 2023

Order/Opinion

Docket

Last updated Aug. 30, 2023, 1:46 p.m.

ECF Number Description Date Link Date / Link

EXHIBIT(S) Ex. 13 A.G. DD5s (redacted) 004 JONATHANSAMUELKOLODNER

EXHIBIT(S) Ex. 18 J.S. Fingerprint Card (redacted) 004 JONATHANSAMUELKOLODNER

NOTICE OF APPEARANCE (POST --none-- PEKHAMPAL

AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION Borchetta Affirmation in Support of Plaintiffs Motion for Class Certification (redacted) 004 JONATHANSAMUELKOLODNER

EXHIBIT(S) SB 5031 002 JENNIFERROLNICKBORCHETTA

MEMORANDUM OF LAW IN SUPPORT --none-- 003 JENNIFERROLNICKBORCHETTA

EXHIBIT(S) 1980 CPL 160.55 Bill Jacket (Enumerated) 002 JENNIFERROLNICKBORCHETTA

EXHIBIT(S) 2015-A7319 Sponsor Memo 002 JENNIFERROLNICKBORCHETTA

NOTICE OF APPEARANCE (POST RJI) --none-- MICHAELJOSEPHCINNAMON

ORDER - PRELIMINARY CONFERENCE --none-- Cecilia Jane Blackburn

PART -RM 130 MEMORANDUM OF LAW IN --none-- 004 THOMAS B.

court user NOTICE OF MOTION --none-- 002 THOMAS B.

EXHIBIT(S) 10.29.2018 Article 003 JENNIFERROLNICKBORCHETTA

EXHIBIT(S) 1.2.2019 Article 003 JENNIFERROLNICKBORCHETTA

EXHIBIT(S) Ex. 9 J.J. DAS Snapshot (redacted) 004 JONATHANSAMUELKOLODNER

EXHIBIT(S) Ex. 10 NYPD Broken Windows 004 JONATHANSAMUELKOLODNER

court user STIPULATION - SO ORDERED --none-- Cecilia Jane Blackburn

court user NOTIFICATION FOR SEALING ,dated June 25, 2019 JONATHANSAMUELKOLODNER

court user SUBSTITUTION OF ATTORNEY Notice of Attorney Withdrawal PEKHAMPAL

court user

court user STIPULATION - CONFIDENTIALITY ( REQUEST Stipulation and (Proposed) Order for the Production and Exchange of Confidential Information, with Exhibit A, dated JONATHANSAMUELKOLODNER

EXHIBIT(S) Ex. 3 R.C. CODs (redacted) 004 JONATHANSAMUELKOLODNER

RJI -RE: OTHER , Filed April 24, 2018, Order to Show Cause JONATHANSAMUELKOLODNER

nan

MEMORANDUM OF LAW IN SUPPORT Memorandum of Law JONATHANSAMUELKOLODNER

TO JUDGE ROBERTS NOTICE OF MOTION --none-- 003 JENNIFERROLNICKBORCHETTA

EXHIBIT(S) 3.25.2019 Article 003 JENNIFERROLNICKBORCHETTA

AFFIDAVIT OR AFFIRMATION IN Affirmation of Thomas B. Roberts 003 THOMAS B.

EXHIBIT(S) Ex B JONATHANSAMUELKOLODNER

EXHIBIT(S) Ex C JONATHANSAMUELKOLODNER

COMPLAINT Class Action Complaint, dated April 24, 2018 JONATHANSAMUELKOLODNER

EXHIBIT(S) Exhibit C JONATHANSAMUELKOLODNER

EXHIBIT(S) Ex. 17 J.S. RTCC Summary (redacted) 004 JONATHANSAMUELKOLODNER

(POST RJI) BARBOUR MEMORANDUM OF LAW IN OPPOSITION --none-- 002 JENNIFERROLNICKBORCHETTA

LETTER / CORRESPONDENCE --none-- 002 THOMAS B.

ROBERTS MEMORANDUM OF LAW Defendants' Memorandum in Support of their Motion to 002 THOMAS B.

Dismiss ROBERTS NO FEE AUTHORIZATION --none-- 002 THOMAS B.

(LETTER/ORDER/AFFIRMATION) ROBERTS SUBSTITUTION OF ATTORNEY Notice of Attorney Withdrawal, dated August 13, 2018 SHARON L

NOTICE OF CHANGE OF ATTORNEY (POST RJI) Notice of Attorney Withdrawal re Eric Boettcher ERICBRADLEYBOETTCHER

ROBERTS AFFIRMATION Affirmation of T. Roberts 002 THOMAS B.

ORDER - INTERIM --none-- 001 WendellVaughan

EXHIBIT(S) Ex. 1 NYS DCJS Spreadsheet 004 JONATHANSAMUELKOLODNER

EXHIBIT(S) Ex. 8 J.J. DD5s (redacted) 004 JONATHANSAMUELKOLODNER

EXHIBIT(S) Ex B JONATHANSAMUELKOLODNER

EXHIBIT(S) Ex. 5 R.C. Photo Array (redacted) 004 JONATHANSAMUELKOLODNER

SUBSTITUTION OF ATTORNEY (POST RJI) Notice of Attorney Withdrawal MARTINEBEVERLYFORNERET

MOTION court user NOTICE OF ENTRY --none-- 004 JONATHANSAMUEL

STIPULATION - SO ORDERED --none-- BrendaWitherspoon

DECISION + ORDER ON --none-- 004 Ellen Apple

EXHIBIT(S) Ex. 4 R.C. DD5s (redacted) 004 JONATHANSAMUELKOLODNER

MOTION court user NOTICE OF ENTRY Notice of Entry of April 30, 2019 Decision and Order on Motion to Dismiss 002 JONATHANSAMUELKOLODNER

ORDER TO SHOW CAUSE - CONFORMED COPY Order to Show Cause JONATHANSAMUELKOLODNER

EXHIBIT(S) Ex. 6 R.C. RTCC Snapshot (redacted) 004 JONATHANSAMUELKOLODNER

EXHIBIT(S) Ex. 11 J.J. RTRD Report (redacted) 004 JONATHAN

AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION R.C. Affidavit in Support of Plaintiffs Motion for Class Certification (redacted) 004 JONATHANSAMUELKOLODNER

EXHIBIT(S) Ex. 20 A.B. DAS Snapshot (redacted) 004 JONATHANSAMUELKOLODNER

ROBERTS NOTICE OF MOTION Notice of Motion for Class Certification 004 JONATHANSAMUELKOLODNER

Document Deleted ORDER - OTHER --none-- WendellVaughan

ROBERTS EXHIBIT(S) Stipulation of May 21, 2018 002 THOMAS B.

ROBERTS EXHIBIT(S) Governor's Bill Jacket 002 THOMAS B.

EXHIBIT(S) Ex. 22 DNAinfo Article 004 JONATHANSAMUELKOLODNER

court user STIPULATION - TIME TO --none-- THOMAS B.

court user STIPULATION - ADJOURNMENT OF MOTION -IN SUBMISSIONS --none-- 004 THOMAS B. ROBERTS

SUMMONS , Dated April 24, 2018 JONATHANSAMUELKOLODNER

AFFIRMATION Affirmation of Jenn Rolnick Borchetta 002 JENNIFERROLNICKBORCHETTA

EXHIBIT(S) Ex. 21 N.Y.T. Article (filed under seal) 004 JONATHANSAMUELKOLODNER

EXHIBIT(S) Public Version of Order to Show Cause Signed and Dated April 25, 2018 JONATHANSAMUELKOLODNER

EXHIBIT(S) Ex. 2 Detective Guide 512-05 004 JONATHANSAMUELKOLODNER

EXHIBIT(S) Ex. 23 New York Post Article I 004 JONATHANSAMUELKOLODNER

OPPOSITION ROBERTS MEMORANDUM OF LAW IN REPLY --none-- 004 JONATHANSAMUELKOLODNER

RJI) NOTICE OF APPEARANCE (POST RJI) , Dated May 2, 2018 ALEXANDRAKARINATHEOBALD

EXHIBIT(S) 8.14.2018 Article 003 JENNIFERROLNICKBORCHETTA

EXHIBIT(S) Public Advocate Article 003 JENNIFERROLNICKBORCHETTA

AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION J.J. Affidavit in Support of Plaintiffs Motion for Class Certification (redacted) 004 JONATHANSAMUELKOLODNER

DECISION + ORDER ON --none-- 002 Kim Martin

MOTION court user DECISION + ORDER ON --none-- 002 Amy F Mack

MOTION court user DECISION + ORDER ON --none-- 003 Ellen Apple

EXHIBIT(S) 2.14.2019 Article 003 JENNIFERROLNICKBORCHETTA

EXHIBIT(S) 2.18.2019 Article 003 JENNIFERROLNICKBORCHETTA

EXHIBIT(S) 2.5.2019 Article 003 JENNIFERROLNICKBORCHETTA

nan

EXHIBIT(S) Exhibit A JONATHANSAMUELKOLODNER

FORM injunction/temp rest order court user LETTER / CORRESPONDENCE TO JUDGE Letter dated February 13, 2019 to Justice Frank from Jonathan S. Kolodner enclosing recent First Department JONATHANSAMUELKOLODNER

ORDER - OTHER --none-- WendellVaughan

EXHIBIT(S) Ex. 24 New York Post Article II 004 JONATHANSAMUELKOLODNER

EXHIBIT(S) Ex C JONATHANSAMUELKOLODNER

EXHIBIT(S) Edwards Affirmation 002 JENNIFERROLNICKBORCHETTA

MEMORANDUM OF LAW IN SUPPORT Memorandum of Law in Support of Plaintiffs Motion for Class Certification 004 JONATHANSAMUELKOLODNER

RJI) BARBOUR NOTICE OF APPEARANCE (POST RJI) --none-- MARTINEBEVERLYFORNERET

ROBERTS EXHIBIT(S) Complaint using pseudonyms 002 THOMAS B.

Decision EXHIBIT(S) Appellate Division First Department, Vargas v. City of New York JONATHANSAMUELKOLODNER

EXHIBIT(S) Ex. 16 J.S. COD (redacted) 004 JONATHANSAMUELKOLODNER

Under Pseudonym, dated April 24, 2018 NOTICE OF APPEARANCE (POST --none-- SHARON L

MEMORANDUM OF LAW IN --none-- 002 THOMAS B.

REPLY ROBERTS ORDER - MOTION- SHORT closes out motion seq. no. 1 in ccis, motion for prel Ellen Apple

Document Deleted AFFIDAVIT Affidavit of Service, sworn to April 27, 2018, of Summons, Class Action Complaint, Order to Show Cause, etc.. JONATHANSAMUELKOLODNER

AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION A.G. Affidavit in Support of Plaintiffs Motion for Class Certification (redacted) 004 JONATHANSAMUELKOLODNER

(POST RJI) STIPULATION - SO ORDERED --none-- EliMoskovitz

TO SO ORDER ) August 7, 2019 NOTICE OF MOTION --none-- SHAKEERMOSTAFARAHMAN

AFFIRMATION Affirmation in Support of Plaintiffs' Order to Show Cause, dated February 24, 2018 JONATHANSAMUELKOLODNER

Case Details

State / Territory: New York

Case Type(s):

Policing

Key Dates

Filing Date: April 24, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All those who have sealed records and who have been or may be aggrieved by the New York Police Department's policies and practices.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Bronx Defenders

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 Commissioner (New York City), City

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

State law

Constitutional Clause(s):

Due Process

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 2023 - None

Content of Injunction:

Preliminary relief granted

Reporting

Recordkeeping

Training

Issues

General:

Record-keeping

Records Disclosure