Case: Providence Youth Student Movement v. Elorza

1:19-cv-00378 | U.S. District Court for the District of Rhode Island

Filed Date: July 16, 2019

Closed Date: March 10, 2020

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Case Summary

On July 16, 2019, the Providence Youth Student Movement (PrYSM) filed this lawsuit in in the U.S. District Court for the District of Rhode Island. The plaintiffs sued the mayor of Providence, the public safety commissioner of Providence, the chief of police, and the city’s treasurer for violations of municipal code and the Rhode Island Constitution in relation to a racially discriminatory policing project. PrYSM is a youth organization based in Providence’s Southeast Asian community, and it cla…

On July 16, 2019, the Providence Youth Student Movement (PrYSM) filed this lawsuit in in the U.S. District Court for the District of Rhode Island. The plaintiffs sued the mayor of Providence, the public safety commissioner of Providence, the chief of police, and the city’s treasurer for violations of municipal code and the Rhode Island Constitution in relation to a racially discriminatory policing project. PrYSM is a youth organization based in Providence’s Southeast Asian community, and it claimed to have been directly affected by this discriminatory policy. Police had long targeted Providence’s substantial Southeast Asian community in their attempts to curb gang violence. However, in 2017, the Providence City Council passed a law called the Community Safety act that forbade the use of “association” as a criteria for gang affiliation. This violative conduct, plaintiffs alleged, contravened basic federal constitutional rights to freedom of speech and association as well as Due Process rights under the Fifth and Fourteenth Amendment. The plaintiffs, represented by a local community lawyer, sought injunctive and declaratory relief as well as attorneys' fees.

Specifically, the plaintiffs alleged that police units continued to enact policies criminalizing activities protected under the First Amendment of the United States Constitution, like free association, in order to assess gang membership. This behavior, plaintiffs alleged, increased the likelihood of unconstitutional seizures in violation of the due process clause. Plaintiffs demanded a jury trial on all counts. 

The case was reassigned to Chief Judge William E. Smith after the district judge originally assigned to the case recused himself. On October 17, 2019, the defendants filed a motion to dismiss for failure to state a claim and lack of subject matter jurisdiction. They argued that the plaintiffs lacked standing to bring this suit and that they did not establish supervisory liability on the part of defendant Mayor Elorza. A hearing on the motion was canceled because, after two months of negotiation, the parties entered into a consent decree on March 10, 2020.

Under the consent decree, the city agreed to change its criteria for inclusion in the gang database to no longer allow mere association as sufficient for inclusion. The police department also agreed to not rely on other law enforcement agencies or confidential informants for inclusion in the database if those other entities only used association as a gang identifier.

The city admitted no fault in the consent agreement, but agreed to pay $2,500 in legal costs to PrYSM. The court dismissed the action on March 10, 2020, pursuant to the consent decree. This case is now closed.

Summary Authors

Dan Toubman (2/14/2020)

Robin Peterson (5/25/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/15922027/parties/providence-youth-student-movement-v-elorza/


Judge(s)

Smith, William E. (Rhode Island)

Sullivan, Patricia A. (Rhode Island)

Attorney for Plaintiff

Kurland, Shannah M. (Rhode Island)

Attorney for Defendant

Garner, Sharon Marie (Mississippi)

Nelson, Steven B. (Rhode Island)

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Documents in the Clearinghouse

Document

1:19-cv-00378

Docket

Feb. 5, 2020

Feb. 5, 2020

Docket
1

1:19-cv-00378

Verified Complaint

July 16, 2019

July 16, 2019

Complaint
5

1:19-cv-00378

First Amended Complaint

Aug. 19, 2019

Aug. 19, 2019

Complaint
9-1

1:19-cv-00378

Memorandum in Support of Defendants’ Motion to Dismiss Plaintiff’s Amended Complaint for Failure to State a Claim Upon Which Relief Can Be Granted and Lack of Subject Matter Jurisdiction

Oct. 17, 2019

Oct. 17, 2019

Pleading / Motion / Brief
10-1

1:19-cv-00378

Memorandum of Law in Support of Plaintiff's Response Objecting to Defendants' Motion to Dismiss Under Rule12(b)(1)

Oct. 31, 2019

Oct. 31, 2019

Pleading / Motion / Brief
13

1:19-cv-00378

Consent Agreement

March 10, 2020

March 10, 2020

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/15922027/providence-youth-student-movement-v-elorza/

Last updated April 21, 2024, 3:15 a.m.

ECF Number Description Date Link Date / Link

Corrective Docket Entry

July 16, 2019

July 16, 2019

PACER

Case Assigned/Reassigned

July 16, 2019

July 16, 2019

PACER

CORRECTIVE DOCKET ENTRY Regarding: 1 Complaint. This case has been electronically filed and processed, however, after a quality control review the following deficiencies were found: Civil Cover Sheet is blank. The filer is directed to file a completed Civil Cover Sheet within one day. (Potter, Carrie)

July 16, 2019

July 16, 2019

PACER
1

COMPLAINT ( filing fee paid $ 400.00, receipt number 0103-1396710 ), filed by Providence Youth Student Movement. (Attachments: # 1 Exhibit All exhibits, A - I, # 2 Civil Cover Sheet, # 3 Notice of lawsuit and waiver request)(Kurland, Shannah) (Entered: 07/16/2019)

1 Exhibit All exhibits, A - I

View on PACER

2 Civil Cover Sheet

View on PACER

3 Notice of lawsuit and waiver request

View on PACER

July 16, 2019

July 16, 2019

Clearinghouse

Case assigned to District Judge John J. McConnell, Jr. and Magistrate Judge Patricia A. Sullivan. (Potter, Carrie)

July 16, 2019

July 16, 2019

PACER
2

CASE OPENING NOTICE ISSUED (Potter, Carrie) (Entered: 07/16/2019)

July 16, 2019

July 16, 2019

PACER
3

Civil Cover Sheet filed by Providence Youth Student Movement. Regarding New Case: Corrective Docket Entry, Corrected. (Kurland, Shannah) (Entered: 07/16/2019)

July 16, 2019

July 16, 2019

PACER
4

ORDER OF RECUSAL entered. District Judge John J. McConnell, Jr. recused. Case reassigned to Chief Judge William E. Smith for all further proceedings - So Ordered by District Judge John J. McConnell, Jr. on 7/17/2019. (Barletta, Barbara) (Entered: 07/17/2019)

July 17, 2019

July 17, 2019

PACER
5

AMENDED COMPLAINT against All Defendants, filed by Providence Youth Student Movement. (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)(Kurland, Shannah) (Entered: 08/19/2019)

Aug. 19, 2019

Aug. 19, 2019

Clearinghouse
6

NOTICE of Appearance by Steven B. Nelson on behalf of City of Providence, Hugh Clements, Jr, Jorge Elorza, Steven Pare (Nelson, Steven) (Entered: 09/03/2019)

Sept. 3, 2019

Sept. 3, 2019

PACER
7

STIPULATION re 5 Amended Complaint, filed by City of Providence, Hugh Clements, Jr, Jorge Elorza, Steven Pare. (Nelson, Steven) (Entered: 09/09/2019)

Sept. 9, 2019

Sept. 9, 2019

PACER
8

NOTICE of Appearance by Sharon Gilmore Garner on behalf of All Defendants (Garner, Sharon) (Entered: 09/09/2019)

Sept. 9, 2019

Sept. 9, 2019

PACER

Order

Sept. 12, 2019

Sept. 12, 2019

PACER

TEXT ORDER Entering 7 Stipulation to extend time to respond to amended complaint up to and including 10/18/19 filed by City of Providence, Hugh Clements, Jr, Jorge Elorza, Steven Pare. So Ordered by Chief Judge William E. Smith on 9/12/2019. (Jackson, Ryan)

Sept. 12, 2019

Sept. 12, 2019

PACER
9

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by All Defendants. Responses due by 10/31/2019. (Attachments: # 1 Supporting Memorandum)(Nelson, Steven) (Entered: 10/17/2019)

1 Supporting Memorandum

View on Clearinghouse

Oct. 17, 2019

Oct. 17, 2019

RECAP
10

RESPONSE In Opposition to 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Providence Youth Student Movement. Replies due by 11/7/2019. (Attachments: # 1 Supporting Memorandum)(Kurland, Shannah) (Entered: 10/31/2019)

1

View on Clearinghouse

Oct. 31, 2019

Oct. 31, 2019

PACER
11

STIPULATION re 10 Response to Motion, filed by All Defendants. (Nelson, Steven) (Entered: 11/05/2019)

Nov. 5, 2019

Nov. 5, 2019

RECAP

Order

Nov. 8, 2019

Nov. 8, 2019

PACER

TEXT ORDER Entering 11 Stipulation filed by City of Providence, Hugh Clements, Jr, Jorge Elorza, Steven Pare. So Ordered by Chief Judge William E. Smith on 11/8/2019. (Jackson, Ryan)

Nov. 8, 2019

Nov. 8, 2019

PACER
12

REPLY to Response re 10 Response to Motion, filed by All Defendants. (Nelson, Steven) (Entered: 11/14/2019)

Nov. 14, 2019

Nov. 14, 2019

PACER

Notice of Hearing on Motion

Feb. 5, 2020

Feb. 5, 2020

PACER

NOTICE of Hearing on 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM: Motion Hearing scheduled for Tuesday 2/18/2020 at 2:00 PM in Courtroom 3 before District Judge William E. Smith. (Jackson, Ryan)

Feb. 5, 2020

Feb. 5, 2020

PACER

Hearing Cancelled

Feb. 18, 2020

Feb. 18, 2020

PACER

HEARING CANCELLED re: Notice of Hearing on 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM: Motion Hearing previously scheduled for Tuesday 2/18/2020 at 2:00 PM in Courtroom 3 before District Judge William E. Smith is hereby CANCELLED (Jackson, Ryan)

Feb. 18, 2020

Feb. 18, 2020

PACER
13

CONSENT AGREEMENT. So Ordered by District Judge William E. Smith on 3/10/2020. (Jackson, Ryan) (Entered: 03/10/2020)

March 10, 2020

March 10, 2020

RECAP
14

STIPULATION of Dismissal filed by Providence Youth Student Movement. (Kurland, Shannah) (Entered: 03/10/2020)

March 10, 2020

March 10, 2020

RECAP

Case Details

State / Territory: Rhode Island

Case Type(s):

Policing

Key Dates

Filing Date: July 16, 2019

Closing Date: March 10, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Youth group representing Providence Southeast Asian community.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Chief of Police, City

Mayor of Providence, City

Providence Public Safety Officer, City

City of Providence (Providence, Providence), City

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Discrimination Prohibition

Amount Defendant Pays: $2500

Issues

General/Misc.:

Language access/needs

Racial profiling

Discrimination Area:

Disparate Impact

Disparate Treatment

Discrimination Basis:

Race discrimination

Affected Race(s):

Asian/Pacific Islander