Case: Clark v. City of New York

1:18-cv-02334 | U.S. District Court for the Southern District of New York

Filed Date: March 16, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

On March 16, 2018, the nonprofit Turning Point for Women and Families and individuals who were forced to remove their religious head coverings for post-arrest photographs while in the custody of the New York Police Department filed this class-action lawsuit in the U.S. District Court for the Southern District of New York. The plaintiffs sued the City of New York under the Religious Land Use and Institutionalized Persons Act (RLUIPA), § 1983 for violations of plaintiffs’ right to freely exercise…

On March 16, 2018, the nonprofit Turning Point for Women and Families and individuals who were forced to remove their religious head coverings for post-arrest photographs while in the custody of the New York Police Department filed this class-action lawsuit in the U.S. District Court for the Southern District of New York. The plaintiffs sued the City of New York under the Religious Land Use and Institutionalized Persons Act (RLUIPA), § 1983 for violations of plaintiffs’ right to freely exercise their religion under the First Amendment of the U.S. Constitution, and New York state law. The plaintiffs, represented by Emery Celli Brinckerhoff & Abady LLP and the Council for American-Islamic Relations New York Inc., sought injunctive relief against the challenged policy, an order stipulating the adoption of non-discriminatory post-arrest photography policy, declaratory judgment, compensatory and punitive damages, and attorney’s fees. The plaintiffs also asked the court to certify the class as all individuals who were forced to remove their religious head coverings for post-arrest photographs while in NYPD custody. Judge Robert W. Sweet was first assigned and then replaced with Judge Analisa Torres.

Specifically, the lawsuit alleged that the NYPD enacted and maintained a policy of forcing individuals who wore head coverings as part of their religion to remove these coverings in order to take booking photos after being arrested and that these photos were then stored in and easily accessible NYPD database. The plaintiffs claimed that this policy violated RLUIPA and the Free Exercise Clause because it placed a substantial and undue burden on protected religious practices. In addition, they said that the forced removal of religious head coverings could be a distressing experience, and, in some cases, required individuals to violate their own religion. They further claimed that these policies were not only discriminatory and unnecessary, but that they were out of step with nationwide policies regarding post-arrest photographs.

The City of New York filed a motion to dismiss on June 13, 2018, arguing that the plaintiffs lacked standing and failed to state a claim. Both parties filed supplemental points regarding the motion, but oral arguments were delayed based on talks of settlement agreements between the parties. On January 23, 2019, the court opened discovery and approved the parties’ jointly submitted discovery plan on February 1, 2019.

On March 24, 2019, the presiding judge passed away and the case was reassigned to Judge Judge Analisa Torres, with all urgent and routine case management matters assigned to Magistrate Judge Kathrine H. Parker. Discovery resumed on June 19, 2019. During this time, settlement talks were still ongoing. On January 16, 2020, this case was related to Elsayed v. City of New York, No. 18-cv-10566, another case involving forced removal of religious head coverings while in NYPD custody proceeding in the Southern District of New York.

The court largely denied the defendant’s motion to dismiss on September 30, 2020. However, the court dismissed the plaintiffs’ claims for punitive damages because the plaintiffs conceded that the City is immune from punitive damages. One of the plaintiff’s claims for compensatory damages was dismissed for failure to file a timely notice of claim.

The parties reached a partial settlement agreement in late October, and the court approved it on November 5, 2020. This settlement included the plaintiffs and defendants both in this case and in Elsayed. Under the agreement, the City agreed to make changes to its Patrol Guide regarding its post-arrest photography policy. The agreement also awarded reasonable fees to the plaintiffs’ attorneys. It did not resolve the monetary claims of the organizational or personal plaintiffs in this case, although the parties in the Elsayed case came to a separate settlement agreement concerning monetary damages.

On February 16, 2021, the court granted the plaintiff’s motion for class certification as "a class consisting of all persons who were required to remove religious head coverings for post-arrest photographs while in NYPD custody". The case is ongoing.

Summary Authors

Michael Cronin (3/7/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6421747/parties/clark-v-city-of-new-york/


Judge(s)

Parker, Katherine H. (New York)

Torres, Analisa Nadine (New York)

Attorneys(s) for Plaintiff

Aboushi, Tahanie (New York)

Arena, Marc (New York)

Brinckerhoff, Matthew D. (New York)

Cahn, Albert Fox (New York)

Droubi, Luna (New York)

Fraser Wilson, Ogilvie Andrew (New York)

Freeman, Emma L. (New York)

Moore, Jonathan C. (New York)

Judge(s)

Parker, Katherine H. (New York)

Torres, Analisa Nadine (New York)

Attorneys(s) for Plaintiff

Aboushi, Tahanie (New York)

Arena, Marc (New York)

Brinckerhoff, Matthew D. (New York)

Cahn, Albert Fox (New York)

Droubi, Luna (New York)

Fraser Wilson, Ogilvie Andrew (New York)

Freeman, Emma L. (New York)

Moore, Jonathan C. (New York)

Attorneys(s) for Defendant

Depoian, Carolyn (New York)

Dervin, James Monroe (New York)

Haider, Bilal (New York)

Mettham, Suzanna Publicker (New York)

Millar, Samantha Rena (New York)

Seligman, Rachel Amy (New York)

Weiss, Rachel Seligman (New York)

Documents in the Clearinghouse

Document

1:18-cv-02334

Docket [PACER]

Jan. 6, 2021

Jan. 6, 2021

Docket
1

1:18-cv-02334

Class Action Complaint and Jury Demand

Clark v. New York

March 16, 2018

March 16, 2018

Complaint
144

1:18-cv-02334

Order

Sept. 30, 2020

Sept. 30, 2020

Order/Opinion
153

1:18-cv-02334

0:18-10566

Stipulation and Order of Settlement

Nov. 5, 2020

Nov. 5, 2020

Settlement Agreement
157

1:18-cv-02334

Order

Feb. 16, 2021

Feb. 16, 2021

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6421747/clark-v-city-of-new-york/

Last updated Aug. 5, 2022, 3:21 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against CITY OF NEW YORK. (Filing Fee $ 400.00, Receipt Number 0208-14819179)Document filed by Jamilla Clark, Turning Point for Women and Families, Arwa Aziz.(Wilson, Ogilvie) (Entered: 03/16/2018)

March 16, 2018

March 16, 2018

RECAP
2

FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Wilson, Ogilvie) Modified on 3/19/2018 (jgo). (Entered: 03/16/2018)

March 16, 2018

March 16, 2018

PACER
3

REQUEST FOR ISSUANCE OF SUMMONS as to City of New York, re: 1 Complaint. Document filed by Arwa Aziz, Jamilla Clark, Turning Point for Women and Families. (Wilson, Ogilvie) (Entered: 03/16/2018)

March 16, 2018

March 16, 2018

PACER
4

NOTICE OF APPEARANCE by Emma Lerner Freeman on behalf of Arwa Aziz, Jamilla Clark, Turning Point for Women and Families. (Freeman, Emma) (Entered: 03/16/2018)

March 16, 2018

March 16, 2018

PACER
5

NOTICE OF APPEARANCE by Albert Fox Cahn on behalf of Arwa Aziz, Jamilla Clark, Turning Point for Women and Families. (Cahn, Albert) (Entered: 03/16/2018)

March 16, 2018

March 16, 2018

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Ogilvie Andrew Fraser Wilson to RE-FILE Document No. 2 Civil Cover Sheet. The filing is deficient for the following reason(s): Origin Code 2a must only be selected when Origin Code 2 is selected;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located athttp://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo)

March 19, 2018

March 19, 2018

PACER

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Ogilvie Andrew Fraser Wilson. The party information for the following party/parties has been modified: City of New York. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps;. (jgo)

March 19, 2018

March 19, 2018

PACER

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Robert W. Sweet. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php. (jgo)

March 19, 2018

March 19, 2018

PACER

Magistrate Judge Katharine H. Parker is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php. (jgo)

March 19, 2018

March 19, 2018

PACER

Case Designated ECF. (jgo)

March 19, 2018

March 19, 2018

PACER
6

CIVIL COVER SHEET filed. (Wilson, Ogilvie) (Entered: 03/19/2018)

March 19, 2018

March 19, 2018

PACER
7

ELECTRONIC SUMMONS ISSUED as to City of New York. (jgo) (Entered: 03/19/2018)

March 19, 2018

March 19, 2018

PACER
8

AFFIDAVIT OF SERVICE of Summons and Complaint. City of New York served on 3/20/2018, answer due 4/10/2018. Service was accepted by Betty Mazcyk, Person Authorized to Accept Service. Document filed by Jamilla Clark; Turning Point for Women and Families; Arwa Aziz. (Wilson, Ogilvie) (Entered: 03/27/2018)

March 27, 2018

March 27, 2018

PACER
9

NOTICE OF APPEARANCE by James Monroe Dervin on behalf of City of New York. (Dervin, James) (Entered: 04/09/2018)

April 9, 2018

April 9, 2018

PACER
10

LETTER MOTION for Extension of Time to file an answer or otherwise respond to the complaint addressed to Judge Robert W. Sweet from James M. Dervin dated April 9, 2018. Document filed by City of New York.(Dervin, James) (Entered: 04/09/2018)

April 9, 2018

April 9, 2018

PACER
11

ORDER granting 10 Letter Motion for Extension of Time. So Ordered. (Signed by Judge Robert W. Sweet on 4/10/2018) cc: Albert F. Cahn, Esq. Weil Gotshal & Manges, LLP (js) (Entered: 04/10/2018)

April 10, 2018

April 10, 2018

PACER

Set/Reset Deadlines: City of New York answer due 5/9/2018. (js)

April 10, 2018

April 10, 2018

PACER
12

SECOND LETTER MOTION for Extension of Time to File Response/Reply as to 1 Complaint addressed to Judge Robert W. Sweet from Suzanna Publicker Mettham dated May 4, 2018. Document filed by City of New York.(Mettham, Suzanna) (Entered: 05/04/2018)

May 4, 2018

May 4, 2018

PACER
13

LETTER RESPONSE to Motion addressed to Judge Robert W. Sweet from O. Andrew F. Wilson dated May 7, 2018 re: 12 SECOND LETTER MOTION for Extension of Time to File Response/Reply as to 1 Complaint addressed to Judge Robert W. Sweet from Suzanna Publicker Mettham dated May 4, 2018. . Document filed by Arwa Aziz, Jamilla Clark, Turning Point for Women and Families. (Wilson, Ogilvie) (Entered: 05/07/2018)

May 7, 2018

May 7, 2018

PACER
14

Pretrial Order

May 7, 2018

May 7, 2018

PACER
15

NOTICE of Substitution of Attorney. Old Attorney: James Monroe Dervin, New Attorney: Suzanna Publicker Mettham, Address: NYC Law Department, 100 Church Street, Rm. 3-212, New York, NY, United States 10007, 2123562356. Document filed by City of New York. (Mettham, Suzanna) (Entered: 05/07/2018)

May 7, 2018

May 7, 2018

PACER

***DELETED DOCUMENT. Deleted document number 14 Pretrial Order. The document was incorrectly filed in this case. (js)

May 7, 2018

May 7, 2018

PACER
19

PRETRIAL ORDER: Initial Conference set for 8/7/2018 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet. (Signed by Judge Robert W. Sweet on 5/7/2018) (js) (Entered: 05/16/2018)

May 7, 2018

May 7, 2018

PACER
16

NOTICE OF CHANGE OF ADDRESS by Albert Fox Cahn on behalf of All Plaintiffs. New Address: CAIR-NY, 46-01 20th Avenue, Queens, New York, United States 11105, 646-665-7599. (Cahn, Albert) (Entered: 05/08/2018)

May 8, 2018

May 8, 2018

PACER
17

MEMO ENDORSEMENT on re: 15 Notice of Substitution of Attorney, filed by City of New York. ENDORSEMENT: So ordered. (Attorney James Monroe Dervin terminated.) (Signed by Judge Robert W. Sweet on 5/8/2018) (anc) (Entered: 05/09/2018)

May 9, 2018

May 9, 2018

PACER
18

ORDER: granting 12 Letter Motion for Extension of Time to File Response/Reply. Given the apparent significance of the complaint, the thirty day extension of time to answer or move is granted. No further extensions will be granted without good cause having been shown. So ordered. (Signed by Judge Robert W. Sweet on 5/8/2018) (ap) (Entered: 05/09/2018)

May 9, 2018

May 9, 2018

PACER
20

FIRST MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6). Document filed by City of New York. Responses due by 6/27/2018 Return Date set for 8/7/2018 at 12:00 PM.(Mettham, Suzanna) (Entered: 06/13/2018)

June 13, 2018

June 13, 2018

RECAP
21

DECLARATION of Suzanna Publicker Mettham in Support re: 20 FIRST MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6).. Document filed by City of New York. (Attachments: # 1 Exhibit A - Complaint, # 2 Exhibit B - Aziz Notice of Claim, # 3 Exhibit C - Turning Point Website)(Mettham, Suzanna) (Entered: 06/13/2018)

June 13, 2018

June 13, 2018

PACER
22

MEMORANDUM OF LAW in Support re: 20 FIRST MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6). . Document filed by City of New York. (Mettham, Suzanna) (Entered: 06/13/2018)

June 13, 2018

June 13, 2018

RECAP
23

ORDER. Defendant's Motion to Dismiss, dated June 14, 2018, shall be heard at 12:00PM on Wednesday, August 8, 2018, in Courtroom 18C, United States Courthouse, 500 Pearl Street. All papers shall be served in accordance with Local Civil Rule 6.1. It is so ordered. (Oral Argument set for 8/8/2018 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 6/14/2018) (rjm) (Entered: 06/15/2018)

June 14, 2018

June 14, 2018

PACER
24

AMENDED ORDER: Defendant's Motion to Dismiss, dated June 14, 2018, shall be heard at 12:00PM on Wednesday, August 15, 2018, in Courtroom 18C, United States Courthouse, 500 Pearl Street. All papers shall be served in accordance with Local Civil Rule 6.1. Set Deadlines/Hearing as to 20 FIRST MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6): (Motion Hearing set for 8/15/2018 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 6/15/2018) (tro) (Entered: 06/15/2018)

June 15, 2018

June 15, 2018

PACER
25

STIPULATION AND ORDER REGARDING EXTENSION OF BRIEFING SCHEDULE FOR MOTION TO DISMISS: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, that: 1. Plaintiffs' time to file papers in opposition to the motion to dismiss shall be extended to July 27, 2018. 2. Defendant's time to file reply papers in further support of the motion to dismiss shall be extended to August l0, 2018. So ordered. (Signed by Judge Robert W. Sweet on 6/18/2018) (ne) Modified on 8/30/2018 (ne). (Entered: 06/19/2018)

June 18, 2018

June 18, 2018

PACER

Set/Reset Deadlines: Responses due by 7/27/2018 Replies due by 8/10/2018. (ne)

June 18, 2018

June 18, 2018

PACER
26

FIRST LETTER MOTION to Stay Pending Resolution of Defendants' Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) addressed to Judge Robert W. Sweet from Suzanna Publicker Mettham dated July 16, 2018. Document filed by City of New York.(Mettham, Suzanna) (Entered: 07/16/2018)

July 16, 2018

July 16, 2018

PACER
27

AMENDED ORDER: Defendant's motion to stay discovery, dated July 16, 2018, shall be heard concurrently with its motion to dismiss, at 12:00PM on Wednesday, August 15, 2018, in Courtroom 18C, United States Courthouse, 500 Pearl Street. All papers shall be served in accordance with Local Civil Rule 6.1. IT IS SO ORDERED., Set Deadlines/Hearing as to 20 FIRST MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6)., 26 FIRST LETTER MOTION to Stay Pending Resolution of Defendants' Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) addressed to Judge Robert W. Sweet from Suzanna Publicker Mettham dated July 16, 2018. :( Motion Hearing set for 8/15/2018 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 7/18/2018) (ama) Modified on 7/18/2018 (ama). (Entered: 07/18/2018)

July 18, 2018

July 18, 2018

PACER
28

JOINT LETTER MOTION for Conference re: 27 Order,,,, Set Motion and R&R Deadlines/Hearings,,, Requesting Initial Conference to be Adjourned to August 15, 2018 addressed to Judge Robert W. Sweet from Emma Freeman dated July 20, 2018. Document filed by Arwa Aziz, Jamilla Clark, Turning Point for Women and Families.(Freeman, Emma) (Entered: 07/20/2018)

July 20, 2018

July 20, 2018

PACER
29

LETTER RESPONSE in Opposition to Motion addressed to Judge Robert W. Sweet from Emma L. Freeman dated July 23, 2018 re: 26 FIRST LETTER MOTION to Stay Pending Resolution of Defendants' Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) addressed to Judge Robert W. Sweet from Suzanna Publicker Mettham dated July 16, 2018. . Document filed by Arwa Aziz, Jamilla Clark, Turning Point for Women and Families. (Freeman, Emma) (Entered: 07/23/2018)

July 23, 2018

July 23, 2018

PACER
30

ORDER granting 28 Letter Motion for Conference. So ordered. Initial Conference set for 8/15/2018 at 12:00 PM before Judge Robert W. Sweet. (Signed by Judge Robert W. Sweet on 7/23/2018) (cf) (Entered: 07/24/2018)

July 24, 2018

July 24, 2018

PACER
31

MEMORANDUM OF LAW in Opposition re: 20 FIRST MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6). . Document filed by Arwa Aziz, Jamilla Clark, Turning Point for Women and Families. (Freeman, Emma) (Entered: 07/27/2018)

July 27, 2018

July 27, 2018

RECAP
32

NOTICE OF APPEARANCE by Bilal Husain Haider on behalf of City of New York. (Haider, Bilal) (Entered: 07/27/2018)

July 27, 2018

July 27, 2018

PACER
33

DECLARATION of Suzanna Publicker Mettham in Support re: 20 FIRST MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6).. Document filed by City of New York. (Attachments: # 1 Exhibit D - Clark Certificate of Disposition, # 2 Exhibit E - Aziz Certificate of Disposition)(Mettham, Suzanna) (Entered: 08/10/2018)

Aug. 10, 2018

Aug. 10, 2018

PACER
34

REPLY MEMORANDUM OF LAW in Support re: 20 FIRST MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6). . Document filed by City of New York. (Mettham, Suzanna) (Entered: 08/10/2018)

Aug. 10, 2018

Aug. 10, 2018

PACER
35

TRANSCRIPT of Proceedings re: CONFERENCE held on 8/15/2018 before Judge Robert W. Sweet. Court Reporter/Transcriber: Anita Trombetta, (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 9/11/2018. Redacted Transcript Deadline set for 9/21/2018. Release of Transcript Restriction set for 11/19/2018.(McGuirk, Kelly) (Entered: 08/21/2018)

Aug. 21, 2018

Aug. 21, 2018

PACER
36

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 8/15/18 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: 08/21/2018)

Aug. 21, 2018

Aug. 21, 2018

PACER
37

JOINT LETTER MOTION for Discovery and Proposed Unsealing Order addressed to Judge Robert W. Sweet from Emma Freeman dated August 30, 2018. Document filed by Arwa Aziz, Jamilla Clark, Turning Point for Women and Families. (Attachments: # 1 Text of Proposed Order Proposed Unsealing Order)(Freeman, Emma) (Entered: 08/30/2018)

Aug. 30, 2018

Aug. 30, 2018

PACER
38

PROPOSED ORDER. Document filed by Arwa Aziz, Jamilla Clark, Turning Point for Women and Families. (Freeman, Emma) Proposed Order to be reviewed by Clerk's Office staff. (Entered: 08/30/2018)

Aug. 30, 2018

Aug. 30, 2018

PACER

***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 38 Proposed Order was reviewed and approved as to form. (km)

Aug. 30, 2018

Aug. 30, 2018

PACER
39

UNSEALING ORDER granting 37 Letter Motion for Discovery. NOW, THEREFORE, WITH THE AGREEMENT OF ALL PARTIES, IT IS HEREBY ORDERED that the statutory sealing requirements of New York Criminal Procedure Law §§ 160.50, 160.55, 160.58, 720.15, and/or 720.35 shall be held not to apply for the limited purpose of allowing the New York City Police Department to be permitted to search for and provide arrest records regarding all individuals who were (1) arrested by or in the custody of the NYPD; (2) required to take a post-arrest Booking Photograph while in any NYPD facility; and (3) required to remove any religious head covering for that Booking Photograph to Corporation Counsel of the City of New York for use in the above-captioned case only; IT IS FURTHER ORDERED THAT THE NEW YORK CITY POLICE DEPARTMENT shall provide to the Corporation Counsel of the City of New York the following information, if retained by the New York City Police Department: their most recent addresses. IT IS FURTHER ORDERED THAT ZACHARY W. CARTER, Corporation Counsel of the City of New York, or his authorized representative, may transmit any records or identifying information pertaining to members of the putative Settlement Class contained in the sealed records (including their first and last names, dates of birth, arrest numbers, NYSID numbers, and most recent addresses) to class counsel in the above-captioned case. IT IS FURTHER ORDERED THAT the use of the sealed records is restricted to use in the above-captioned action for the limited purpose defined above and in accordance with a Stipulation and Order of Confidentiality to be filed before the records and information discussed herein are transmitted. SO ORDERED. (Signed by Judge Robert W. Sweet on 9/4/2018) (ne) Transmission to Sealed Records Clerk for processing. (Entered: 09/04/2018)

Sept. 4, 2018

Sept. 4, 2018

PACER
40

LETTER MOTION to Stay addressed to Judge Robert W. Sweet from Suzanna Publicker Mettham dated September 7, 2018. Document filed by City of New York.(Mettham, Suzanna) (Entered: 09/07/2018)

Sept. 7, 2018

Sept. 7, 2018

PACER
41

ORDER granting 40 Letter Motion to Stay. So ordered. (Signed by Judge Robert W. Sweet on 9/7/2018) (anc) (Entered: 09/10/2018)

Sept. 10, 2018

Sept. 10, 2018

PACER

Case Stayed. (anc)

Sept. 10, 2018

Sept. 10, 2018

PACER
42

PROPOSED PROTECTIVE ORDER. Document filed by Arwa Aziz, Jamilla Clark, Turning Point for Women and Families. (Freeman, Emma) (Entered: 09/14/2018)

Sept. 14, 2018

Sept. 14, 2018

PACER
43

STIPULATION AND PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION regarding procedures to be followed that shall govern the handling of confidential material. (Signed by Judge Robert W. Sweet on 9/14/2018) (jwh) (Entered: 09/17/2018)

Sept. 17, 2018

Sept. 17, 2018

PACER
44

STATUS REPORT. Regarding Settlement and Request for Leave to File Additional Motion Points Document filed by City of New York.(Mettham, Suzanna) (Entered: 10/05/2018)

Oct. 5, 2018

Oct. 5, 2018

PACER
45

MEMO ENDORSEMENT on re: 44 Status Report filed by City of New York. ENDORSEMENT: the motion will be heard on October 31 at noon or on each of the Wednesday agreed upon by counsel. So Ordered. (Signed by Judge Robert W. Sweet on 10/16/2018) (js) (Entered: 10/17/2018)

Oct. 17, 2018

Oct. 17, 2018

PACER
46

STATUS REPORT. Regarding Request for Leave to File Opposition to Supplemental Standing Points Document filed by Arwa Aziz, Jamilla Clark, Turning Point for Women and Families.(Freeman, Emma) (Entered: 10/19/2018)

Oct. 19, 2018

Oct. 19, 2018

PACER
47

MEMO ENDORSEMENT: on re: 46 Status Report filed by Arwa Aziz, Turning Point for Women and Families, Jamilla Clark. ENDORSEMENT: So Ordered. (Oral Argument set for 11/28/2018 at 12:00 PM before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 10/26/2018) (js) (Entered: 10/29/2018)

Oct. 29, 2018

Oct. 29, 2018

PACER
48

LETTER MOTION to Adjourn Conference /Oral argument on November 28, 2018 addressed to Judge Robert W. Sweet from Rachel Seligman Weiss dated November 27, 2018. Document filed by City of New York.(Seligman, Rachel) (Entered: 11/27/2018)

Nov. 27, 2018

Nov. 27, 2018

PACER
49

MOTION for Suzanna Publicker Mettham to Withdraw as Attorney . Document filed by City of New York.(Mettham, Suzanna) (Entered: 11/28/2018)

Nov. 28, 2018

Nov. 28, 2018

PACER
50

DECLARATION of Suzanna Publicker Mettham in Support re: 49 MOTION for Suzanna Publicker Mettham to Withdraw as Attorney .. Document filed by City of New York. (Attachments: # 1 Text of Proposed Order)(Mettham, Suzanna) (Entered: 11/28/2018)

Nov. 28, 2018

Nov. 28, 2018

PACER
51

ORDER granting 48 Letter Motion to Adjourn Conference. So Ordered. (Signed by Judge Robert W. Sweet on 11/28/2018) (js) (Entered: 11/28/2018)

Nov. 28, 2018

Nov. 28, 2018

PACER
52

NOTICE OF MOTION OF SUZANNA PUBLICKER METTHAM TO WITHDRAW AS ATTORNEY granting 49 Motion to Withdraw as Attorney. SO ORDERED. Attorney Suzanna Publicker Mettham terminated. (Signed by Judge Robert W. Sweet on 11/29/2018) (jca) (Entered: 11/30/2018)

Nov. 30, 2018

Nov. 30, 2018

PACER
53

NOTICE OF APPEARANCE by Samantha Rena Millar on behalf of City of New York. (Millar, Samantha) (Entered: 12/11/2018)

Dec. 11, 2018

Dec. 11, 2018

PACER
54

LETTER MOTION to Adjourn Conference /Oral Argument on December 12, 2018 addressed to Judge Robert W. Sweet from Rachel Seligman Weiss dated December 11, 2018. Document filed by City of New York.(Seligman, Rachel) (Entered: 12/11/2018)

Dec. 11, 2018

Dec. 11, 2018

PACER
55

LETTER RESPONSE in Opposition to Motion addressed to Judge Robert W. Sweet from Emma L. Freeman dated December 11, 2018 re: 54 LETTER MOTION to Adjourn Conference /Oral Argument on December 12, 2018 addressed to Judge Robert W. Sweet from Rachel Seligman Weiss dated December 11, 2018. . Document filed by Arwa Aziz, Jamilla Clark, Turning Point for Women and Families. (Freeman, Emma) (Entered: 12/11/2018)

Dec. 11, 2018

Dec. 11, 2018

PACER
56

ORDER granting 54 Letter Motion to Adjourn Conference. SO ORDERED. (Signed by Judge Robert W. Sweet on 12/12/2018) (jca) (Entered: 12/13/2018)

Dec. 13, 2018

Dec. 13, 2018

PACER
57

LETTER MOTION for Discovery to Proceed addressed to Judge Robert W. Sweet from Emma Freeman dated January 7, 2019. Document filed by Arwa Aziz, Jamilla Clark, Turning Point for Women and Families.(Freeman, Emma) (Entered: 01/07/2019)

Jan. 7, 2019

Jan. 7, 2019

RECAP
58

LETTER RESPONSE to Motion addressed to Judge Robert W. Sweet from Bilal Haider dated January 10, 2019 re: 57 LETTER MOTION for Discovery to Proceed addressed to Judge Robert W. Sweet from Emma Freeman dated January 7, 2019. . Document filed by City of New York. (Haider, Bilal) (Entered: 01/10/2019)

Jan. 10, 2019

Jan. 10, 2019

PACER
59

JOINT LETTER MOTION for Discovery Proposed Discovery Plan addressed to Judge Robert W. Sweet from Emma L. Freeman dated January 29, 2019. Document filed by Arwa Aziz, Jamilla Clark, Turning Point for Women and Families.(Freeman, Emma) (Entered: 01/29/2019)

Jan. 29, 2019

Jan. 29, 2019

PACER
60

NOTICE OF CHANGE OF ADDRESS by Albert Fox Cahn on behalf of All Plaintiffs. New Address: Surveillance Technology Oversight Project, 80 Dekalb Avenue, #15C, Brooklyn, NY, USA 11201, 571-766-6273. (Cahn, Albert) (Entered: 01/31/2019)

Jan. 31, 2019

Jan. 31, 2019

PACER
61

ORDER granting 59 Letter Motion for Discovery. So Ordered. (Signed by Judge Robert W. Sweet on 1/30/2019) (js) (Entered: 02/01/2019)

Feb. 1, 2019

Feb. 1, 2019

PACER

Set/Reset Deadlines: Discovery due by 9/13/2019. Fact Discovery due by 7/31/2019. Motions due by 10/31/2019. (js)

Feb. 1, 2019

Feb. 1, 2019

PACER
62

LETTER MOTION to Adjourn Conference /Oral Argument scheduled for 2/27/19 addressed to Judge Robert W. Sweet from Bilal Haider. Document filed by City of New York.(Haider, Bilal) (Entered: 02/20/2019)

Feb. 20, 2019

Feb. 20, 2019

PACER
63

ORDER granting 62 Letter Motion to Adjourn Conference. SO ORDERED. (Signed by Judge Robert W. Sweet on 2/21/2019) (ks) (Entered: 02/22/2019)

Feb. 22, 2019

Feb. 22, 2019

PACER
64

MEMO ENDORSEMENT on re: 62 LETTER MOTION to Adjourn Conference /Oral Argument scheduled for 2/27/19 addressed to Judge Robert W. Sweet from Bilal Haider. filed by City of New York. ENDORSEMENT: Motion adjourned to April 3, 2019. So Ordered. (Signed by Judge Robert W. Sweet on 2/25/2019) (ks) (Entered: 02/26/2019)

Feb. 25, 2019

Feb. 25, 2019

PACER

Set/Reset Deadlines as to Motion Hearing set for 4/3/2019 at 12:00 PM before Judge Robert W. Sweet. (ks)

Feb. 25, 2019

Feb. 25, 2019

PACER
65

NOTICE OF CHANGE OF ADDRESS by Albert Fox Cahn on behalf of All Plaintiffs. New Address: Surveillance Technology Oversight Project, 40 Rector Street, 9th Floor, New York, NY, US 10006, 646-665-7599 ext. 503. (Cahn, Albert) (Entered: 03/20/2019)

March 20, 2019

March 20, 2019

PACER
66

DIRECTION TO THE BAR AND INTERIM ORDER OF REFERENCE: The Hon. Robert W. Sweet of this court having died on March 24, 2019; and Time being needed in order to effect the reassignment of the cases on his docket: IT IS HEREBY ORDERED THAT, pending the reassignment of Judge Sweet's civil cases, all urgent matters should be taken either to the Magistrate Judge who is assigned to the case or to the District Judge sitting in Part I. In cases in which Judge Sweet did not sign an order of reference, this order operates as an interim order of reference to the Magistrate Judge for interim pre-trial supervision. Routine case management requests (such as, for extension of time) should be directed to the Magistrate Judge, not to the Part I Judge. Referred to Magistrate Judge Katharine H. Parker. (Signed by Judge Colleen McMahon on 3/27/2019) (cf) (Entered: 03/28/2019)

March 27, 2019

March 27, 2019

PACER
67

ORDER SCHEDULING CASE MANAGEMENT CONFERENCE, A case management conference in this matter is hereby scheduled for May 7, 2019 at 4:00 p.m. in Courtroom 17D, United States Courthouse, 500 Pearl Street, New York, New York. SO ORDERED. (Case Management Conference set for 5/7/2019 at 04:00 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 3/28/19) (yv) (Entered: 03/28/2019)

March 28, 2019

March 28, 2019

PACER
68

JOINT LETTER addressed to Magistrate Judge Katharine H. Parker from Emma L. Freeman dated April 1, 2019 re: Joint Request for Adjournment of Oral Argument. Document filed by Arwa Aziz, Jamilla Clark, Turning Point for Women and Families.(Freeman, Emma) (Entered: 04/01/2019)

April 1, 2019

April 1, 2019

PACER
69

MEMO ENDORSEMENT on re: 68 Letter Request for Adjournment of Oral Argument, filed by Arwa Aziz, Turning Point for Women and Families, Jamilla Clark. ENDORSEMENT: APPLICATION GRANTED: The Oral Argument on Defendant's motion to dismiss - presently scheduled for April 3, 2019 (ECF #64) will now be addressed at the Case Management Conference scheduled for Tuesday, May 7, 2019 at 4:00 p.m. in courtroom 17-D, United States Courthouse, 500 Pearl Street, New York, New York. Application Granted. (Signed by Magistrate Judge Katharine H. Parker on 4/1/19) (yv) (Entered: 04/01/2019)

April 1, 2019

April 1, 2019

PACER
70

ORDER: The parties are requested to confer regarding consent to the jurisdiction of a Magistrate Judge for all purposes. To the extent the parties agree to proceed before a Magistrate Judge for all purposes pursuant to 28 U.S.C. § 636(c), they should complete a Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, a copy of which is attached to this Order, as further set forth in this order. (Signed by Magistrate Judge Katharine H. Parker on 3/28/2019) (jwh) (Entered: 04/02/2019)

April 2, 2019

April 2, 2019

PACER
71

JOINT LETTER addressed to Magistrate Judge Katharine H. Parker from Emma L. Freeman dated April 4, 2019 re: Letter Regarding Magistrate Judge Jurisdiction. Document filed by Arwa Aziz, Jamilla Clark, Turning Point for Women and Families.(Freeman, Emma) (Entered: 04/04/2019)

April 4, 2019

April 4, 2019

PACER

Notice of Case Assignment/Reassignment

April 9, 2019

April 9, 2019

PACER

NOTICE OF CASE REASSIGNMENT to Judge Analisa Torres. Judge Robert W. Sweet is no longer assigned to the case. (sjo)

April 9, 2019

April 9, 2019

PACER
72

ORDER: It is hereby ORDERED that by April 16, 2019, the parties shall file a joint letter advising the Court of the history, posture, and status of the case. The letter shall explain the status of all outstanding motions and shall explain any motions the parties currently foresee filing in the future. The letter shall contain citations to the docket and shall not exceed five single-spaced pages in length. SO ORDERED. (Signed by Judge Analisa Torres on 4/9/2019) (ks) (Entered: 04/09/2019)

April 9, 2019

April 9, 2019

PACER
73

JOINT LETTER addressed to Judge Analisa Torres from Emma L. Freeman dated April 15, 2019 re: Letter Regarding Case Status. Document filed by Arwa Aziz, Jamilla Clark, Turning Point for Women and Families.(Freeman, Emma) (Entered: 04/15/2019)

April 15, 2019

April 15, 2019

RECAP
74

MEMO ENDORSEMENT on re: 73 Letter filed by Arwa Aziz, Turning Point for Women and Families, Jamilla Clark. ENDORSEMENT: Having reviewed the parties' joint letter, it is hereby ORDERED that by May 16, 2019, the parties shall filea joint status report regarding settlement. If the parties have not reached a settlement in principle by that time, the Court will direct the patties to submit a proposed case management plan in accordance with its Individual Practices in Civil Cases. (Signed by Judge Analisa Torres on 4/15/2019) (cf) (Entered: 04/15/2019)

April 15, 2019

April 15, 2019

PACER
75

JOINT LETTER addressed to Magistrate Judge Katharine H. Parker from Emma L. Freeman dated April 25, 2019 re: REQUEST FOR ADJOURNMENT OF CONFERENCE ON MAY 7, 2019. Document filed by Arwa Aziz, Jamilla Clark, Turning Point for Women and Families.(Freeman, Emma) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
76

MEMO ENDORSEMENT on re: 75 Letter adjourning conference, filed by Arwa Aziz, Turning Point for Women and Families, Jamilla Clark. ENDORSEMENT: The Court hereby adjourns the conference scheduled May 7, 2019 until Monday, July 8, 2019 at 10:30 a.m. The parties are directed to file a joint letter, updating the Court as to the status of discovery and settlement no later than May 23, 2019. So Ordered., (Case Management Conference set for 7/8/2019 at 10:30 AM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 4/29/19) (yv) (Entered: 04/29/2019)

April 29, 2019

April 29, 2019

PACER
77

JOINT LETTER addressed to Judge Analisa Torres from Emma Freeman dated May 16, 2019 re: JOINT LETTER REGARDING SETTLEMENT NEGOTIATIONS. Document filed by Arwa Aziz, Jamilla Clark, Turning Point for Women and Families. (Attachments: # 1 Exhibit EXHIBIT A: CIVIL CASE MANAGEMENT PLAN COMPLETED BY PARTIES)(Freeman, Emma) (Entered: 05/16/2019)

May 16, 2019

May 16, 2019

PACER
78

CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All Parties do not consent to conducting all further proceedings before a magistrate judge, including motions and trial. 28 U.S.C. § 636(c). This case is not to be tried to a jury. All fact discovery shall be completed no later than September 13, 2019. Depositions to be completed by August 30, 2019. All expert discovery shall be completed no later than October 31, 2019. Counsel for the parties have conferred and their present best estimate of the length of trial is: 7 days. The next Case Management Conference is scheduled for 10/2/19 at 11:20 a.m. (As further set forth in this Order.) Deposition due by 8/30/2019. Fact Discovery due by 9/13/2019. Expert Discovery due by 10/31/2019. Case Management Conference set for 10/2/2019 at 11:20 AM before Judge Analisa Torres. (Signed by Judge Analisa Torres on 5/16/2019) (cf) (Entered: 05/17/2019)

May 16, 2019

May 16, 2019

PACER
79

MEMO ENDORSEMENT on re: 77 Letter, filed by Arwa Aziz, Turning Point for Women and Families, Jamilla Clark. ENDORSEMENT: The parties' request for oral argument on Defendant's motion to dismiss is DENIED. (Signed by Judge Analisa Torres on 5/16/2019) (cf) (Entered: 05/17/2019)

May 16, 2019

May 16, 2019

PACER
80

JOINT LETTER addressed to Magistrate Judge Katharine H. Parker from Emma Freeman dated May 23, 2019 re: LETTER REGARDING SETTLEMENT AND DISCOVERY UPDATE. Document filed by Arwa Aziz, Jamilla Clark, Turning Point for Women and Families.(Freeman, Emma) (Entered: 05/23/2019)

May 23, 2019

May 23, 2019

PACER
81

ORDER denying as moot 57 Letter Motion for Discovery; denying as moot 26 Letter Motion to Stay. The Court has already entered a Civil Case Management Plan and Scheduling Order for this case, ECF No. 78, and shall not stay discovery pending a decision on any motions. (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (Pasculli, Victoria) (Entered: 06/19/2019)

June 19, 2019

June 19, 2019

PACER

Order on Motion to Stay

June 19, 2019

June 19, 2019

PACER

Order on Motion for Discovery

June 19, 2019

June 19, 2019

PACER
82

LETTER MOTION to Adjourn Conference scheduled for July 8, 2019 at 10:30 a.m. addressed to Magistrate Judge Katharine H. Parker from Samantha R. Millar dated July 3, 2019. Document filed by City of New York.(Millar, Samantha) (Entered: 07/03/2019)

July 3, 2019

July 3, 2019

PACER
83

ORDER granting 82 Letter Motion to Adjourn Conference (HEREBY ORDERED by Magistrate Judge Katharine H. Parker)(Text Only Order) (Parker, Katharine) (Entered: 07/04/2019)

July 4, 2019

July 4, 2019

PACER

Order on Motion to Adjourn Conference

July 4, 2019

July 4, 2019

PACER

Case Details

State / Territory: New York

Case Type(s):

Policing

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: March 16, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All persons who were required to remove religious head coverings for post-arrest photographs while in NYPD custody

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Attorney Organizations:

Emery Celli Brinckerhoff & Abady LLP

Council on American-Islamic Relations (CAIR)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City of New York (New York), City

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)

State law

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

Constitutional Clause(s):

Free Exercise Clause

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2020 - 2023