Case: Plaintiffs #1-21 v. The County of Suffolk

2:15-cv-02431 | U.S. District Court for the Eastern District of New York

Filed Date: April 29, 2015

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about the Suffolk County Police Department’s failure to investigate and eliminate discriminatory patterns and practices such as targeting Latinos for traffic and pedestrian stops, stealing their personal property, and engaging in harassing behavior. On April 29, 2015, the plaintiffs, 20 Latino residents of Suffolk County, New York, filed this class action lawsuit in the U.S. District Court for the Eastern District of New York. The plaintiffs sued the County of Suffolk, the Suffol…

This is a case about the Suffolk County Police Department’s failure to investigate and eliminate discriminatory patterns and practices such as targeting Latinos for traffic and pedestrian stops, stealing their personal property, and engaging in harassing behavior. On April 29, 2015, the plaintiffs, 20 Latino residents of Suffolk County, New York, filed this class action lawsuit in the U.S. District Court for the Eastern District of New York. The plaintiffs sued the County of Suffolk, the Suffolk County Police Department, and various individual police officers and officials under 42 U.S.C. § 1983 and Title VI of the Civil Rights Act of 1964. Represented by LatinoJustice PRLDEF and private counsel, the plaintiffs sought injunctive and declaratory relief as well as damages. The plaintiffs claimed the county and police department showed deliberate indifference to the plaintiffs’ rights by failing to remedy the practice of conducting race-based stops and searches in violation of the Fourth, Fifth, and Fourteenth Amendments.

The case was initially assigned to Judge Arthur D. Spatt. However, on April 11, 2018, Judge Spatt recused himself and the case was reassigned to Judge Joan M. Azrack and Magistrate Judge Gary R. Brown. Finally, on March 25, 2019, the case was reassigned to Judge William F. Kuntz, II, and Magistrate Judge Lois Bloom.

In their lawsuit, the plaintiffs alleged the police department failed to adopt reforms—such as implementing a system to collect traffic stop data and investigating complaints of officer misconduct in a timely manner—despite a settlement agreement that the Department of Justice entered into with the police department in 2013. The settlement resulted from a 2007 event where a group of teenagers in Suffolk County calling themselves the “Caucasian Crew” murdered an Ecuadorian immigrant. Following the murder, Latino residents began voicing complaints of discriminatory policing. In response, the U.S. Department of Justice and the U.S. Attorney’s Office for the Eastern District of New York began an investigation into the police department’s practices. The resulting limited settlement agreement outlined recommendations for new policies and procedures and was to remain in effect until the police department substantially complied with the agreement for at least one year. The Department of Justice had completed its most recent assessment report in December 2019 and found that the police department was not in substantial compliance with the settlement agreement.

While the Department of Justice conducted its investigation into the practices of the police department, a police officer named as a defendant in the plaintiff’s lawsuit both individually and in his official capacity was perpetrating a years-long scheme wherein he conducted race-based traffic stops and then stole money from the stopped drivers. In 2016, a jury found this officer guilty of theft and official misconduct and he was sentenced to three years in prison. The plaintiffs alleged that other officers in the police department perpetrated similar stop-and-rob schemes and that the county and police department failed to investigate and eliminate such discriminatory practices despite being aware of the department’s pattern of biased policing for years.

The plaintiffs filed an amended complaint on May 18, 2015, to correct the spelling of a police officer defendant’s last name. The county, police department, and the individual defendants still employed by the police department filed an answer on November 4, 2015, and the officer in prison filed an answer on his own behalf on May 29, 2019. That officer also filed a crossclaim against the county and police department for failing to represent him in the lawsuit, and he filed a counterclaim against the plaintiffs. The county and police department filed an answer to that crossclaim on June 7, 2019, and the plaintiffs filed an answer to the counterclaim on June 19, 2019.

On October 14, 2015, Judge Spatt granted the plaintiffs’ motion to proceed anonymously, because the plaintiffs demonstrated reasonable fear of retaliation and harassment by police officers still employed by the police department. 138 F.Supp.3d 264. Judge Spatt also stayed discovery relating to the officer in prison until his criminal case was resolved. Judge Brown lifted the stay on July 26, 2016.

For the next five years, the parties engaged in discovery. Then, on July 15, 2020, the plaintiffs filed a motion for class certification for damages and injunctive relief. The plaintiffs sought to define the damages class as “all Latino or Latina persons who, from January 2012 to the date of a final judgment, were unlawfully ticketed, searched, arrested, or otherwise subject to unlawful police action, including the unlawful deprivation of personal property, following a vehicular or pedestrian stop or detention by an agent of the Suffolk County Police Department in the county of Suffolk.” The plaintiffs also sought injunctive relief in the form of a preliminary and permanent injunction requiring the police department to cease discriminatory conduct and adopt policies to prevent discriminatory conduct in the future. The plaintiffs sought to define the injunctive relief class as “[a]ll Latino or Latina persons who, at any time after January 2012, have been or in the future will be subject to a vehicular or pedestrian stop or detention by an agent of the Suffolk County Police Department in the county of Suffolk.” Judge Kuntz referred the motion for class certification to Judge Bloom.

Regarding the class certification motion, Judge Bloom filed a Report & Recommendation on March 12, 2021, finding the plaintiffs met the threshold requirements for class certification. 2021 WL 1255011. She recommended the plaintiffs’ class be certified for injunctive relief but not for monetary damages, because an injunction to reform the police department’s policies and practices would benefit the entire class whereas an award of damages would require an individual inquiry into the harm each plaintiff suffered. On April 5, 2021, Judge Kuntz adopted Judge Bloom’s Report & Recommendation and certified the injunctive class as the plaintiffs had sought. 2021 WL 1254408.

Along with their motion for class certification, the plaintiffs requested an adverse inference that the defendants failed to adequately collect and analyze traffic stop data in an effort to shield the police department’s practice and pattern of biased policing against Latinos. In the alternative, the plaintiffs requested a rebuttable presumption that the uncollected traffic stop data would have shown that race-based “traffic stops, searches, tickets, arrests, and/or wrongful deprivations of property” were part of the police department’s traffic-stop practices. In an order on August 5, 2021, Judge Kuntz denied the plaintiff’s request for an adverse inference, because the plaintiffs did not allege the defendants destroyed harmful evidence but only that they failed to collect evidence to avoid liability. However, Judge Kuntz granted the plaintiffs’ request for a rebuttable presumption that the uncollected data would have shown biased policing practices, explaining that the defendants should not be allowed to benefit from failing to maintain adequate records.

Meanwhile, on October 16, 2020, the police department, county, and all individual defendants not including the imprisoned officer filed a motion for summary judgment. 

Judge Kuntz issued an order regarding the motion for summary judgment on August 5, 2021. The defendants had asserted that the plaintiffs failed to show municipal liability under § 1983. Additionally, the defendants alleged that the DOJ could have initiated court action against the county in response to a breach of the settlement agreement, and so the Department of Justice’s choice not to initiate court action showed that no such breach occurred. First, Judge Kuntz noted that other factors, such as limited resources, affected which cases the Department of Justice pursued in court and held that the plaintiffs provided sufficient evidence to support a theory of ongoing biased policing practices stemming from the county’s policies. Second, Judge Kuntz denied the defendants’ motion for summary judgment concerning the county’s liability under Title VI of the Civil Rights Act of 1964, because the plaintiffs showed sufficient evidence to support a theory that the county was aware of its discriminatory policies and showed deliberate indifference to the discriminatory practices that resulted. Third, the defendants moved for summary judgment concerning the supervisory liability of the police deputy chief and the police commissioner. Judge Kuntz denied the motion because the plaintiffs asserted the defendant supervisors received complaints of the discriminatory policing practices but failed to interview the complainants for almost six months. Judge Kuntz also rejected the defendants’ claim of qualified immunity for the supervisors because factual disputes existed about whether it was objectively reasonable for the defendant supervisors to believe their actions were lawful. Finally, Judge Kuntz held that the plaintiffs showed evidence of ongoing constitutional violations, rejecting the defendants' argument that the plaintiffs' rights were violated by only one individual officer no longer employed by the police department. He also granted the defendants’ motion to dismiss the imprisoned officer’s cross-claim against the county and police department for failing to provide him with representation, because defendants do not have a right to representation in civil suits.

On March 24, 2022, the court ordered the case to engage in mediation that would end on May 27, 2022. On April 22, 2022, Anthony DiCaprio was chosen as the mediator. On May 27, 2022, a mediation report was submitted asking the court to approve an extension to proceed with additional mediation. The parties notified the court that mediation was progressing, but that there were many issues to work through and more time was needed. The court granted an extension on the same day. 

On June 1, 2022, the plaintiffs filed a motion for judgment on the pleadings. 

On July 26, 2022, the parties notified the court that they had been able to settle the claims except for those against the imprisoned officer. On March 6, 2023, the parties filed a joint motion for settlement. 

In the settlement, the county defendants agreed to establish Precinct Level Advisory Boards, ensure that all officers take part in an Implicit Bias 2.0 training, expand the procedures for collecting and analyzing traffic stop data, ensure that officers are properly trained in traffic and pedestrian stop related procedures, improve language accessibility, implement a civilian oversight review process, and incorporate additional changes to the SCPD’s policing customs and practices. They also agreed to pay $2,250,000 for plaintiffs’ attorneys fees. 

On March 28, 2023, the court granted the motion for settlement. The court also dismissed the plaintiffs' motion for judgment on the pleadings as moot on the same day. 

On August 23, 2023, the court dismissed the claims with prejudice against the county defendants, but kept the case open as to the imprisoned officer defendant. 

On August 30, 2023, the court approved the final settlement, which also ordered an additional $75,000 to be paid to each plaintiff, resulting in additional damages of $1,500,000.

As of November 14, 2023, this case was ongoing. 

Summary Authors

Laura Irei (11/11/2021)

Rhea Sharma (11/22/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4324349/parties/1-21-v-the-county-of-suffolk/


Judge(s)
Attorney for Plaintiff

Alicea, James Robert (New York)

Bench, Zach (New York)

Attorney for Defendant

Alexander, Kimberly Ann (New York)

Baptiste, Rudolph Max (New York)

Bassett, Jason (New York)

Expert/Monitor/Master/Other

show all people

Documents in the Clearinghouse

Document

2:15-cv-02431

Docket [PACER]

Sept. 7, 2021

Sept. 7, 2021

Docket
1 & 1-1

2:15-cv-02431

Complaint

April 29, 2015

April 29, 2015

Complaint
21

2:15-cv-02431

First Amended Complaint

May 18, 2015

May 18, 2015

Complaint
252-20

2:15-cv-02431

Expert Report

July 15, 2020

July 15, 2020

Monitor/Expert/Receiver Report
318

2:15-cv-02431

Report and Recommendation

Plaintiffs v. The County of Suffolk

March 12, 2021

March 12, 2021

Magistrate Report/Recommendation
319

2:15-cv-02431

Order

April 5, 2021

April 5, 2021

Order/Opinion
322

2:15-cv-02431

Memorandum & Order

Aug. 4, 2021

Aug. 4, 2021

Order/Opinion
372

2:15-cv-02431

Plaintiffs' Notice of Motion for Judgment on the Pleadings

June 1, 2022

June 1, 2022

Pleading / Motion / Brief
431

2:15-cv-02431

Memorandum Of Law In Support Of Joint Motion For Preliminary Approval Of Class Action Settlement Agreement And Approval Of Notice To The Class

March 6, 2023

March 6, 2023

Pleading / Motion / Brief
432-1

2:15-cv-02431

Class Action Settlement Agreement

March 6, 2023

March 6, 2023

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4324349/1-21-v-the-county-of-suffolk/

Last updated Aug. 28, 2025, 8:32 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Plaintiffs #1-21. (Attachments: # 1 Civil Cover Sheet) (McMahon, Carol) (Entered: 05/04/2015)

1 Civil Cover Sheet

View on PACER

April 29, 2015

April 29, 2015

Clearinghouse
2

Summons Issued as to Scott Green, Podormer, Milagros Soto, Suffolk County Police Department, The County of Suffolk, Edward Webber. (McMahon, Carol) (Entered: 05/04/2015)

April 29, 2015

April 29, 2015

PACER
3

FILING FEE: $ 400.00, receipt number 4653087588 (McMahon, Carol) (Entered: 05/04/2015)

April 29, 2015

April 29, 2015

PACER
4

DISCLOSURE of Interested Parties by Plaintiffs #1-21. (McMahon, Carol) (Entered: 05/04/2015)

April 29, 2015

April 29, 2015

PACER
5

MOTION for Leave to Appear Pro Hac Vice by Zachary Joseph Bench(Receipt# 4653087589 - $150.00) by Plaintiffs #1-21. (Attachments: # 1 Affidavit in Support, # 2 Proposed Order, # 3 Receipt) (McMahon, Carol) Modified on 5/4/2015 (McMahon, Carol). (Entered: 05/04/2015)

April 29, 2015

April 29, 2015

PACER
6

MOTION for Leave to Appear Pro Hac Vice by Heather P. Lamberg-Kafele (Receipt# 4653087589 - $150.00) by Plaintiffs #1-21. (Attachments: # 1 Affidavit in Support, # 2 Proposed Order, # 3 Receipt) (McMahon, Carol) (Entered: 05/04/2015)

April 29, 2015

April 29, 2015

PACER
7

MOTION for Leave to File /Proceed Anonymously by Plaintiffs #1-21. (McMahon, Carol) (Additional attachment(s) added on 5/4/2015: # 1 Proposed Order) (McMahon, Carol). (Entered: 05/04/2015)

April 29, 2015

April 29, 2015

PACER
8

MEMORANDUM in Support re 7 MOTION for Leave to File /Proceed Anonymously filed by Plaintiffs #1-21. (McMahon, Carol) (Entered: 05/04/2015)

April 29, 2015

April 29, 2015

PACER
9

DECLARATION of Nancy M. Trasande in Support re 7 MOTION for Leave to File /Proceed Anonymously filed by Plaintiffs #1-21. (Attachments: # 1 Certificate of Service) (McMahon, Carol) (Additional attachment(s) added on 5/6/2015: # 2 Exhibits - Part 1, # 3 Exhibits - Part 2, # 4 Exhibits - Part 3) (McMahon, Carol). (Entered: 05/04/2015)

April 29, 2015

April 29, 2015

PACER

ELECTRONIC ORDER granting 5 Motion for Leave to Appear Pro Hac Vice ; granting 6 Motion for Leave to Appear Pro Hac Vice. Mr. Bench and Ms. Lamberg-Kafele are directed to register for ECF, and electronically file a notice of appearance. Ordered by Magistrate Judge Gary R. Brown on 5/5/2015. (Yim, Kevin)

May 5, 2015

May 5, 2015

PACER
10

NOTICE of Appearance by Megan E. O'Donnell on behalf of John Doe Defendants(individually and in their official capacities), John Doe Defendants(individually and in their official capacity), Scott Green, Podormer, Milagros Soto, Suffolk County Police Department, The County of Suffolk, Edward Webber (aty to be noticed) (O'Donnell, Megan) (Entered: 05/06/2015)

May 6, 2015

May 6, 2015

PACER
11

NOTICE of Appearance by Zach Bench on behalf of Plaintiffs #1-21 (aty to be noticed) (Bench, Zach) (Entered: 05/12/2015)

May 12, 2015

May 12, 2015

PACER
12

NOTICE of Appearance by Heather Lamberg-Kafele on behalf of Plaintiffs #1-21 (aty to be noticed) (Lamberg-Kafele, Heather) (Entered: 05/12/2015)

May 12, 2015

May 12, 2015

PACER
13

Letter by Plaintiffs #1-21 (Lamberg-Kafele, Heather) (Entered: 05/12/2015)

May 12, 2015

May 12, 2015

PACER
14

SUMMONS Returned Executed by Plaintiffs #1-21. Edward Webber served on 5/1/2015, answer due 5/22/2015. (Lamberg-Kafele, Heather) (Entered: 05/12/2015)

May 12, 2015

May 12, 2015

PACER
15

SUMMONS Returned Executed by Plaintiffs #1-21. Milagros Soto served on 5/1/2015, answer due 5/22/2015. (Lamberg-Kafele, Heather) (Entered: 05/12/2015)

May 12, 2015

May 12, 2015

PACER
16

SUMMONS Returned Executed by Plaintiffs #1-21. Podormer served on 5/1/2015, answer due 5/22/2015. (Lamberg-Kafele, Heather) (Entered: 05/12/2015)

May 12, 2015

May 12, 2015

PACER
17

SUMMONS Returned Executed by Plaintiffs #1-21. Suffolk County Police Department served on 5/1/2015, answer due 5/22/2015. (Lamberg-Kafele, Heather) (Entered: 05/12/2015)

May 12, 2015

May 12, 2015

PACER
18

SUMMONS Returned Executed by Plaintiffs #1-21. The County of Suffolk served on 5/1/2015, answer due 5/22/2015. (Lamberg-Kafele, Heather) (Entered: 05/12/2015)

May 12, 2015

May 12, 2015

PACER
19

Consent MOTION for Extension of Time to File Response/Reply and Answer by Milagros Soto, Suffolk County Police Department, The County of Suffolk, Edward Webber. (O'Donnell, Megan) (Entered: 05/12/2015)

May 12, 2015

May 12, 2015

PACER
20

ORDER granting 19 Motion for an extension of time to file opposition papers to the motion to proceed anonymously, and that a stay be granted to answer the complaint until such time as the motion is decided; and to notify the Court that Suffolk County will not provide Sgt. Scott Greene with a defense and he must obtain his own legal counsel. Request granted. Attorney Megan E. O'Donnell terminated for deft Sgt Scott Greene. So Ordered by Judge Arthur D. Spatt on 5/13/2015. (Coleman, Laurie) (Entered: 05/13/2015)

May 13, 2015

May 13, 2015

PACER
21

AMENDED COMPLAINT against John Doe Defendants(individually and in their official capacities), John Doe Defendants(individually and in their official capacity), Scott Green, Milagros Soto, Suffolk County Police Department, The County of Suffolk, Edward Webber, Bridgett Dormer, filed by Plaintiffs #1-21. (Attachments: # 1 Redline Version of Amended Complaint, # 2 Notice of Filing First Amended Complaint) (DiMaio, Elan) (Entered: 05/18/2015)

1 Redline Version of Amended Complaint

View on PACER

2 Notice of Filing First Amended Complaint

View on PACER

May 18, 2015

May 18, 2015

Clearinghouse
22

NOTICE of Appearance by Katherine Mallory Tosch Brennan on behalf of Plaintiffs #1-21 (aty to be noticed) (Brennan, Katherine) (Entered: 05/27/2015)

May 27, 2015

May 27, 2015

PACER
23

SUMMONS Returned Executed by Plaintiffs #1-21. Scott Green served on 5/19/2015, answer due 6/9/2015. (Attachments: # 1 Affidavit of Service of Complaint, # 2 Affidavit of Service of Amended Complaint) (Lamberg-Kafele, Heather) (Entered: 06/02/2015)

June 2, 2015

June 2, 2015

PACER
24

Letter MOTION for Extension of Time to File opposition papers to the Plaintiffs' motion to proceed anonymously, Letter MOTION to Stay an answer to the complaint until the motion is decided by Scott Green. (Coleman, Laurie) (Entered: 06/09/2015)

June 8, 2015

June 8, 2015

PACER
25

Letter Requesting Briefing Schedules by Plaintiffs #1-21 (Lamberg-Kafele, Heather) (Entered: 06/11/2015)

June 11, 2015

June 11, 2015

PACER
26

CERTIFICATE OF SERVICE by Plaintiffs #1-21 re 25 Letter (Lamberg-Kafele, Heather) (Entered: 06/11/2015)

June 11, 2015

June 11, 2015

PACER
27

ORDER Re: 25 Letter to amend the briefing schedule. Request to amend the briefing schedule with regard to the Plaintiff's motion to proceed anonymously is granted. So Ordered by Judge Arthur D. Spatt on 6/11/2015. c/m to pro se deft Scott Greene via fcm. (Coleman, Laurie) Modified on 6/11/2015 to indicate c/m. (Coleman, Laurie). (Entered: 06/11/2015)

June 11, 2015

June 11, 2015

PACER
28

ORDER Re: 24 Motion for extension of time and 24 motion to stay; Request for an extension of time to respond to the Plaintiff's motion to proceed anonymously is granted in accordance with the briefing schedule consented to by the parties on 6/11/15. The stay of the deadline to file an answer is applicable to the Defendant Greene. The Defendant Greene is directed to file a status report within thirty days of receiving this order explaining in detail his efforts to obtain an attorney and his financial circumstances. So Ordered by Judge Arthur D. Spatt on 6/11/2015. c/m to Pro Se Deft Scott Greene via fcm. (Coleman, Laurie) (Entered: 06/11/2015)

June 11, 2015

June 11, 2015

PACER
29

AFFIDAVIT/DECLARATION in Opposition re 7 MOTION for Leave to File /Proceed Anonymously filed by Bridgett Dormer, Milagros Soto, Suffolk County Police Department, The County of Suffolk, Edward Webber. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Memorandum in Opposition) (O'Donnell, Megan) (Entered: 06/26/2015)

June 26, 2015

June 26, 2015

PACER
30

LETTER (undated) from Scott A. Greene to Judge Spatt Re: Requesting assistance in obtaining an attorney and inquiring about an Article 78 Hearing if it pertains to this case. (Coleman, Laurie) (Entered: 07/14/2015)

July 14, 2015

July 14, 2015

PACER
31

ORDER - Given the potential for undue prejudice to Greene and his importance to the Plaintiffs case, the Court views a stay of this case pending the outcome of Greenes criminal case as warranted. However, the Court is reluctant to order a stay of this action without hearing from the parties. Accordingly, if the Plaintiffs object to a stay, they may file a letter brief no long than five pages on or before July 31, 2015. If the Defendants wish to respond to the Plaintiffs letter brief, they may respond in a letter brief no longer than five pages on or before August 12, 2015. If the parties fail to so respond, the Court will order a stay of this matter pending the outcome of the criminal case against the Defendant Greene. The Clerk of the Court is directed to send a copy of this Order to the pro se Defendant Greene by certified mail. So Ordered by Judge Arthur D. Spatt on 7/21/2015. c/m to pro se Defendant via certified mail return receipt requested. (Coleman, Laurie) (Main Document 31 replaced on 7/21/2015 and docket text modified on 7/21/15 to reflect the Defendant's have until 8/12/15 to respond to the Plaintiff's letter brief not 8/3/15 as previously indicated. This Order remains the same in all other respects). (Coleman, Laurie). (Entered: 07/21/2015)

July 21, 2015

July 21, 2015

PACER
32

Letter by Plaintiffs #1-21 (DiMaio, Elan) (Entered: 07/31/2015)

July 31, 2015

July 31, 2015

PACER
33

REPLY in Support re 7 MOTION for Leave to File /Proceed Anonymously filed by All Plaintiffs. (Attachments: # 1 Declaration of K. Mallory Brennan, # 2 Brennan Decl. Ex. 1, # 3 Brennan Decl. Ex. 2, # 4 Brennan Decl. Ex. 3, # 5 Brennan Decl. Ex. 4, # 6 Declaration of Foster Maer, # 7 Maer Decl. Ex. 1, # 8 Declaration of Irma Solis, # 9 Proposed Order, # 10 Certificate of Service) (Trasande, Nancy) (Entered: 07/31/2015)

July 31, 2015

July 31, 2015

PACER
34

Letter regarding the stay of discovery by Bridgett Dormer, Milagros Soto, Suffolk County Police Department, The County of Suffolk, Edward Webber (O'Donnell, Megan) (Entered: 08/12/2015)

Aug. 12, 2015

Aug. 12, 2015

PACER
35

NOTICE of Appearance by Jessica M. Spencer on behalf of John Doe Defendants(individually and in their official capacities), John Doe Defendants(individually and in their official capacity), Bridgett Dormer, Milagros Soto, Suffolk County Police Department, The County of Suffolk, Edward Webber (aty to be noticed) (Spencer, Jessica) Modified on 8/21/2015 to remove Scott Green. (Mahon, Cinthia). (Entered: 08/21/2015)

Aug. 21, 2015

Aug. 21, 2015

PACER

Incorrect Entry Information: Pursuant to the telephone request of Cheryl D'Arcangelo of the Suffolk County Attorney's Office the docket text for the #35 Notice of Appearance has been modified to remove the name of deft Scott Green who is pro se. The defendant was selected in error. The NEF for D.E. #35 has been regenerated. (Mahon, Cinthia)

Aug. 21, 2015

Aug. 21, 2015

PACER
36

ORDER - For the foregoing reasons, the Court grants the 7 Plaintiffs motion to proceed anonymously and sua sponte stays discovery of this matter solely with respect to the Defendant Greene pending the outcome of his criminal case. The parties are directed to submit a proposed protective order to Judge Brown within thirty days of the date of this Order which provides for the limited disclosure of the Plaintiffs identities and limits discovery as to the Defendant Greene. If the parties fail to reach an agreement, the Court respectfully refers the matter to Judge Brown to issue a protective order that is consistent with this Order. Once a protective order is in place, discovery should commence consistent with this Order. So Ordered by Judge Arthur D. Spatt on 10/14/2015. c/m to Pro Se Deft Scott Greene. (Coleman, Laurie) (Entered: 10/14/2015)

Oct. 14, 2015

Oct. 14, 2015

RECAP
37

NOTICE of Appearance by Joanna Elise Cuevas Ingram on behalf of All Plaintiffs (aty to be noticed) (Cuevas Ingram, Joanna) (Entered: 10/26/2015)

Oct. 26, 2015

Oct. 26, 2015

PACER
38

NOTICE of Appearance by Joanna Elise Cuevas Ingram on behalf of All Plaintiffs (notification declined or already on case) (Attachments: # 1 Certificate of Service Certificate of Service of NOTICE of Appearance and AMENDED NOTICE of Appearance Joanna Elise Cuevas Ingram Service on Scott Greene) (Cuevas Ingram, Joanna) (Entered: 10/27/2015)

Oct. 27, 2015

Oct. 27, 2015

PACER
39

ANSWER to 21 Amended Complaint, by John Doe Defendants(individually and in their official capacities), John Doe Defendants(individually and in their official capacity), Bridgett Dormer, Milagros Soto, Suffolk County Police Department, The County of Suffolk, Edward Webber. (O'Donnell, Megan) (Entered: 11/04/2015)

Nov. 4, 2015

Nov. 4, 2015

PACER
40

Letter MOTION for Protective Order by Suffolk County Police Department, The County of Suffolk. (Attachments: # 1 Exhibit) (O'Donnell, Megan) (Entered: 11/13/2015)

Nov. 13, 2015

Nov. 13, 2015

PACER
41

Letter MOTION for Protective Order by Plaintiffs #1-21. (Attachments: # 1 Exhibit 1: Plaintiffs' Proposed Protective Order, # 2 Exhibit 2: Redline of Plaintiffs Proposed Protected Order against Appendix A of Individual Practice Rules of Magistrate Judge Gary R. Brown, # 3 Exhibit 3: Protective Order, Doc. 72, Lozano v. City of Hazleton, ECF Case No., 3:06cv1586, 496 F. Supp. 2d 477 (M.D. Pa. 2007)) (Trasande, Nancy) (Entered: 11/13/2015)

Nov. 13, 2015

Nov. 13, 2015

PACER

SCHEDULING ORDER: A Telephone Conference is hereby scheduled for 11/20/2015 at 02:00 PM before Magistrate Judge Gary R. Brown. Counsel for plaintiffs shall initiate the call and have all parties on the line before connecting to the court at (631) 712-5700. Ordered by Magistrate Judge Gary R. Brown on 11/20/2015. (Yim, Kevin)

Nov. 20, 2015

Nov. 20, 2015

PACER

Minute Order. for proceedings held before Magistrate Judge Gary R. Brown: 40 Motion for Protective Order; 41 Motion for Protective Order; Telephone Conference held on 11/20/2015. Mallory Katherine Brennan and Nancy Trasande present for plaintiffs; Megan O'Donnell present for defendants, Scott Greene present in the courtroom at the 2:30 mark. Discussion held regarding the proposed protective orders. Revised protective orders due by 12/1/2015. (Tape #2:04-2:48:01.) (McMorrow, Karen)

Nov. 20, 2015

Nov. 20, 2015

PACER
42

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 11/20/2015, before Magistrate Judge Gary R. Brown. Transcriber AA Express Transcripts, Telephone number 888-456-9716. Email address: AAExpress@Court-Transcripts.net. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/14/2015. Redacted Transcript Deadline set for 12/24/2015. Release of Transcript Restriction set for 2/22/2016. (Cox, Dwayne) (Entered: 11/23/2015)

Nov. 23, 2015

Nov. 23, 2015

PACER
43

STIPULATION and Proposed Protective Order by Plaintiffs #1-21 (Brennan, Katherine) (Entered: 12/01/2015)

Dec. 1, 2015

Dec. 1, 2015

PACER

ELECTRONIC ORDER. 43 Stipulated and Proposed Protective Order is hereby SO ORDERED. By January 8, 2016, the parties are directed to meet and confer and submit a proposed discovery schedule. Ordered by Magistrate Judge Gary R. Brown on 12/2/2015. (Yim, Kevin)

Dec. 2, 2015

Dec. 2, 2015

PACER
44

Letter motion to compel the court to lift the stay of discovery with respect to Defendant Greene and requesting that Defendant Greene be directed to submit an updated Status Report regarding his financial circumstances by Plaintiffs #1-21 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Trasande, Nancy) Modified on 12/28/2015 to change docketing event from letter to motion to lift stay. (Coleman, Laurie). (Entered: 12/23/2015)

Dec. 23, 2015

Dec. 23, 2015

PACER
45

ORDER - The Plaintiffs 44 letter motion requesting that the Court lift the stay of discovery as to Greene concerns a non-dispositive matter. Accordingly, the Court, in its discretion, refers the letter motion by the Plaintiff to United States Magistrate Judge Gary R. Brown to (i) hold, if necessary, a hearing regarding Greenes financial circumstances and ability to obtain counsel in this action; and (ii) render a decision as to whether it is appropriate to lift the stay of discovery as to Greene. So Ordered by Judge Arthur D. Spatt on 12/28/2015. (Coleman, Laurie) (Entered: 12/28/2015)

Dec. 28, 2015

Dec. 28, 2015

PACER
46

ORDER denying 44 Motion to Compel. See attached Order for details. Ordered by Magistrate Judge Gary R. Brown on 1/7/2016. (Yim, Kevin) (Entered: 01/07/2016)

Jan. 7, 2016

Jan. 7, 2016

PACER
47

CERTIFICATE OF SERVICE by Plaintiffs #1-21 re 46 Order on Motion to Compel (Bench, Zach) (Entered: 01/07/2016)

Jan. 7, 2016

Jan. 7, 2016

PACER
48

Letter MOTION to Stay Discovery by Bridgett Dormer, Milagros Soto, Suffolk County Police Department, The County of Suffolk, Edward Webber. (O'Donnell, Megan) (Entered: 01/08/2016)

Jan. 8, 2016

Jan. 8, 2016

PACER

ELECTRONIC ORDER denying without prejudice to renewal 48 Motion to Stay as premature. Ordered by Magistrate Judge Gary R. Brown on 1/11/2016. (Yim, Kevin)

Jan. 11, 2016

Jan. 11, 2016

PACER
49

Proposed Scheduling Order by Plaintiffs #1-21 (Brennan, Katherine) (Entered: 01/12/2016)

Jan. 12, 2016

Jan. 12, 2016

PACER

ELECTRONIC ORDER. 49 Proposed scheduling order is hereby SO ORDERED. Ordered by Magistrate Judge Gary R. Brown on 1/13/2016. (Yim, Kevin)

Jan. 13, 2016

Jan. 13, 2016

PACER
50

MOTION to Withdraw as Attorney by Plaintiffs #1-21. (DiMaio, Elan) (Entered: 01/26/2016)

Jan. 26, 2016

Jan. 26, 2016

PACER

ELECTRONIC ORDER granting 50 Motion to Withdraw as Attorney. Attorney Elan K DiMaio TERMINATED. Ordered by Magistrate Judge Gary R. Brown on 1/27/2016. (Yim, Kevin)

Jan. 27, 2016

Jan. 27, 2016

PACER
51

MOTION to Appoint Counsel by Scott Greene. (Coleman, Laurie) (Entered: 03/04/2016)

March 3, 2016

March 3, 2016

PACER

ELECTRONIC ORDER re 51 Motion to Appoint Counsel. By March 14, 2016, the County is directed to respond as to the status of defendant Greene's criminal cases, and whether stay should be lifted. Plaintiffs may submit a letter by March 18, 2016. The County shall serve a copy of this Electronic Order on defendant Greene, and file proof of service forthwith. Ordered by Magistrate Judge Gary R. Brown on 3/7/2016. (Yim, Kevin)

March 7, 2016

March 7, 2016

PACER
52

AFFIDAVIT/AFFIRMATION of Service of the March 7, 2016 Order by Milagros Soto, Suffolk County Police Department, The County of Suffolk, Edward Webber (O'Donnell, Megan) (Entered: 03/08/2016)

March 8, 2016

March 8, 2016

PACER
53

MOTION to Withdraw as Attorney by The County of Suffolk, Suffolk County Police Department, Bridgett Dormer, Edward Webber, Milagros Soto. (O'Donnell, Megan) (Entered: 03/08/2016)

March 8, 2016

March 8, 2016

PACER
54

ORDER re 53 Motion to terminate attorney Jessica Spencer from the docket. Request granted. Attorney Jessica M. Spencer terminated. So Ordered by Judge Arthur D. Spatt on 3/9/16. (Coleman, Laurie) (Entered: 03/10/2016)

March 9, 2016

March 9, 2016

PACER
55

Letter in response to the Court's March 7, 2016 order by Milagros Soto, Suffolk County Police Department, The County of Suffolk, Edward Webber (O'Donnell, Megan) (Entered: 03/14/2016)

March 14, 2016

March 14, 2016

PACER
56

Letter /Plaintiff's Letter in Response to Court Document #55 by Plaintiffs #1-21 (Brennan, Katherine) (Entered: 03/18/2016)

March 18, 2016

March 18, 2016

PACER

ELECTRONIC ORDER denying without prejudice to renewal 51 Motion to Appoint Counsel. Based upon the representations by the County and the plaintiffs, the stay as to defendant Greene shall remain in place until disposition of the criminal matters. The motion for appointment of counsel 51 is denied without prejudice to renewal upon the lifting of the stay. Plaintiffs' counsel shall advise the Court of when the criminal matters as to Greene are complete. Plaintiffs' counsel is directed to serve a copy of this Electronic Order upon Greene, and file proof of service forthwith. So Ordered by Magistrate Judge Gary R. Brown on 3/21/2016. (Yim, Kevin)

March 21, 2016

March 21, 2016

PACER
57

CERTIFICATE OF SERVICE by Plaintiffs #1-21 re Order on Motion to Appoint Counsel,, (Brennan, Katherine) (Entered: 03/22/2016)

March 22, 2016

March 22, 2016

PACER
58

NOTICE of Appearance by L. Adriana Lopez on behalf of John Doe Defendants(individually and in their official capacities), John Doe Defendants(individually and in their official capacity), Bridgett Dormer, Milagros Soto, Suffolk County Police Department, The County of Suffolk (aty to be noticed) (Lopez, L. Adriana) (Entered: 05/18/2016)

May 18, 2016

May 18, 2016

PACER
59

Letter from K. Mallory Brennan to Magistrate Judge Gary R. Brown Regarding Plaintiffs' Request that the Stay of Discovery as to Defendant Greene be Lifted by Plaintiffs #1-21 (Attachments: # 1 Certificate of Service) (Brennan, Katherine) (Entered: 07/22/2016)

July 22, 2016

July 22, 2016

PACER
60

CERTIFICATE OF SERVICE by Plaintiffs #1-21 re Order Lifting Stay,, (Brennan, Katherine) (Entered: 07/26/2016)

July 26, 2016

July 26, 2016

PACER

ELECTRONIC ORDER LIFTING STAY: Based on the representations set forth in plaintiffs' letter dated July 22, 2016, DE 59, that the criminal matters against defendant Scott Greene have been fully and finally resolved, the stay of discovery as to Defendant Greene is lifted. Counsel and the parties are directed to meet and confer and provide a joint discovery schedule to the undersigned by August 26, 2016. Plaintiffs' counsel is directed to serve a copy of this Electronic Order on defendant Greene and file proof of service forthwith. Ordered by Magistrate Judge Gary R. Brown on 7/26/2016. c/ecf (Johnston, Linda)

July 26, 2016

July 26, 2016

PACER
61

MOTION to Withdraw as Attorney Nancy Trasande by Plaintiffs #1-21. (Trasande, Nancy) (Entered: 08/01/2016)

Aug. 1, 2016

Aug. 1, 2016

PACER

Original docket entry 62 deleted since there was no document attached to the entry and it was assigned a docket number. The electronic order will be refiled and there will be no docket entry 62 in this case. (Florio, Lisa)

Aug. 2, 2016

Aug. 2, 2016

PACER

ORDER granting 61 Motion to Withdraw as Attorney. Attorney Nancy Milagros Trasande is terminated from the ECF docket for this matter. Ordered by Judge Arthur D. Spatt on 8/2/2016. (Florio, Lisa)

Aug. 2, 2016

Aug. 2, 2016

PACER
63

MOTION to Appoint Counsel by Scott Greene. (Coleman, Laurie) (Entered: 08/10/2016)

Aug. 8, 2016

Aug. 8, 2016

PACER
64

Letter re: submitting a joint discovery schedule by Plaintiffs #1-21 (Attachments: # 1 Joint Amended Discovery Schedule Proposal) (Brennan, Katherine) (Entered: 08/26/2016)

Aug. 26, 2016

Aug. 26, 2016

PACER
65

LETTER dated 9/8/2016 from Pro Se Office to Pro Se Litigant re Your papers do not meet the minimum requirement for form or content. See forms/instructions enclosed. Your letter does not contain enough information for the court to consider your request. Please review and submit the enclosed papers. (Attachments: # 1 Copy of #63 Motion to Appoint Counsel) (Coleman, Laurie) (Entered: 09/12/2016)

Sept. 8, 2016

Sept. 8, 2016

PACER

SCHEDULING ORDER: The proposed joint discovery schedule, DE 64, is SO ORDERED. Plaintiffs' counsel is to serve a copy of this order, as well as the proposed joint scheduling order, on Defendant Scott Greene forthwith. Ordered by Magistrate Judge Gary R. Brown on 9/9/2016. (Meehan, James) Modified on 9/9/2016 (McMorrow, Karen).

Sept. 9, 2016

Sept. 9, 2016

PACER
66

CERTIFICATE OF SERVICE by Plaintiffs #1-21 re Scheduling Order, 64 Letter (Bench, Zach) (Entered: 09/12/2016)

Sept. 12, 2016

Sept. 12, 2016

PACER

Order on Motion to Withdraw as Attorney

Sept. 13, 2016

Sept. 13, 2016

PACER
67

LETTER dated 11/30/2016 from Scott Greene to Judge Brown re Status of motion to appoint counsel. (Coleman, Laurie) (Additional attachment(s) added on 12/6/2016: # 1 Mailing Envelope) (Coleman, Laurie). (Entered: 12/06/2016)

Dec. 5, 2016

Dec. 5, 2016

PACER
68

LETTER dated 12/2/2016 from Pro Se Office to Scott Green re This is in response to your letter dated November 30, 2016 in which you inquire about the status of a motion filed in the above-named action. Note that your motion DE 63 could not be acted upon because it did not provide enough information DE 65 . Enclosed please find an application for counsel. Please submit at your earliest convenience. (Coleman, Laurie) (Entered: 12/06/2016)

Dec. 5, 2016

Dec. 5, 2016

PACER
69

NOTICE of Appearance by Jose Luis Perez on behalf of All Plaintiffs (aty to be noticed) (Perez, Jose) (Entered: 12/13/2016)

Dec. 13, 2016

Dec. 13, 2016

PACER
70

MOTION to Appoint Counsel, MOTION for Leave to Proceed in forma pauperis by Scott Greene. (Attachments: # 1 Mailing Envelope) (Coleman, Laurie) (Main Document 70 replaced on 12/28/2016) (Coleman, Laurie). Modified on 12/28/2016 to remove blank pages. (Coleman, Laurie). (Entered: 12/28/2016)

Dec. 22, 2016

Dec. 22, 2016

PACER
71

LETTER dated 1/4/2017 from Pro Se Office to Pro Se Litigant re The enclosed letter is being returned to you without docketing or consideration for the following reasons: Papers cannot be filed without indicating that they have been served on all the parties in your action. (Coleman, Laurie) (Entered: 01/05/2017)

Jan. 4, 2017

Jan. 4, 2017

PACER

Electronic ORDER denying without prejudice Defendant Greene's 70 Motion to Appoint Counsel and for Leave to Proceed in forma pauperis. The Defendant Greene's motion is insufficient because it does not provide financial information. The Pro Se Office is respectfully directed to mail a copy of this order along with form AO 239 to the Defendant Greene. The Defendant Greene is granted leave to refile the motions with the completed form. So Ordered by Judge Arthur D. Spatt on 1/11/2017. (Fell, Christopher)

Jan. 11, 2017

Jan. 11, 2017

PACER

Order on Motion for Leave to Proceed In Forma Pauperis AND Order on Motion to Appoint Counsel

Jan. 11, 2017

Jan. 11, 2017

PACER
73

MOTION to Appoint Counsel, MOTION to Stay proceedings until defendant is appointed counsel or if needed compel the court to have defendant produced for any and all proceedings, MOTION to Compel a list of the plaintiff's names be provided to the defendant. Filed by Scott Greene. (Attachments: # 1 Mailing Envelope) (Coleman, Laurie) . (Entered: 01/18/2017)

Jan. 13, 2017

Jan. 13, 2017

PACER
72

LETTER dated 1/17/2017 from Pro Se Office to Pro Se Litigant Scott Greene re The enclosed letter is being returned without docketing or consideration. Papers cannot be filed without indicating that they have been served on all the parties in your action. (Coleman, Laurie) (Entered: 01/18/2017)

Jan. 17, 2017

Jan. 17, 2017

PACER
74

LETTER MOTION dated 1/7/2017 from Scott A. Greene to Judge Brown re : to be present at depositions of plaintiffs (or to be provided copies of each deposition); and to be provided with the names of the plaintiffs. (Attachments: # 1 Mailing Envelope) (Coleman, Laurie) (Main Document 74 replaced on 1/27/2017) (Coleman, Laurie). Modified on 3/17/2017 (McMorrow, Karen). (Entered: 01/27/2017)

Jan. 26, 2017

Jan. 26, 2017

PACER
75

MOTION for Leave to Proceed in forma pauperis by Scott Greene. (Attachments: # 1 Mailing Envelope) (Coleman, Laurie) (Entered: 02/08/2017)

Feb. 3, 2017

Feb. 3, 2017

PACER

Motions terminated, docketed incorrectly: 75 MOTION for Leave to Proceed in forma pauperis filed by Scott Greene. Document is an affidavit in support of 70 . (McMorrow, Karen)

Feb. 3, 2017

Feb. 3, 2017

PACER

Electronic ORDER denying without prejudice 73 Defendant Greene's Motion to Appoint Counsel and Motion to Stay. The Defendant Greene's motion is insufficient because it does not provide any financial information. The Pro Se Office is respectfully directed to mail a copy of this order along with form AO 239 to the Defendant Greene. The Defendant Greene is granted leave to refile the motions with the completed form. So Ordered by Judge Arthur D. Spatt on 2/6/2017. (Fell, Christopher)

Feb. 6, 2017

Feb. 6, 2017

PACER

Order on Motion to Stay AND Order on Motion to Appoint Counsel

Feb. 6, 2017

Feb. 6, 2017

PACER
76

MOTION to compel/Letter respectfully submitted to request that the Court So Order the attached proposed order authorizing the release of Scott Greene's Grand Jury minutes. Filed by The County of Suffolk (Attachments: # 1 Proposed Order) (Lopez, L. Adriana) Modified on 3/10/2017 (McMorrow, Karen). (Entered: 03/09/2017)

March 9, 2017

March 9, 2017

PACER

ELECTRONIC ORDER denying without prejudice 76 Motion to Compel. The application is denied without prejudice to renewal after the County makes the appropriate application before the Suffolk County court. Only upon denial of such application may the County renew this application. A copy of this order shall be served on pro se defendant and proof of service filed with the court forthwith. Ordered by Magistrate Judge Gary R. Brown on 3/15/2017. (Meehan, James)

March 15, 2017

March 15, 2017

PACER

Order on Motion to Compel

March 15, 2017

March 15, 2017

PACER
77

LETTER dated 3/15/2017 from Scott Greene to Judge Brown re Defendant writes to inquire about the status of the courts decision on his request for appointment of counsel. (Attachments: # 1 Mailing Envelope) (Coleman, Laurie) (Entered: 03/22/2017)

March 20, 2017

March 20, 2017

PACER

ELECTRONIC ORDER re 74 . Plaintiffs are hereby directed to respond to defendant Scott Greene's letter motion, DE 74, by close of business March 25, 2017. To the extent that co-defendants wish to file a response as well, such response shall be filed by the same deadline. Plaintiffs are to serve a copy of this Order on pro se defendant Greene and file an affidavit of service forthwith. Ordered by Magistrate Judge Gary R. Brown on 3/20/2017. (Meehan, James)

March 20, 2017

March 20, 2017

PACER

Order(Other)

March 20, 2017

March 20, 2017

PACER

Case Details

State / Territory: New York

Case Type(s):

Policing

Special Collection(s):

Traffic Stop Litigation

Key Dates

Filing Date: April 29, 2015

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Twenty Latino residents of Suffolk County, New York, who experienced racial profiling by Suffolk County police officers.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

LatinoJustice PRLDEF

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

The County of Suffolk (Suffolk), County

Suffolk County Police Department (Suffolk), County

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Title VI, Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Unreasonable search and seizure

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Hire

Comply with advertising/recruiting requirements

Provide antidiscrimination training

Implement complaint/dispute resolution process

Reporting

Recordkeeping

Auditing

Training

Amount Defendant Pays: $3,750,000.00

Issues

General/Misc.:

Communication skills

Failure to discipline

Failure to supervise

Failure to train

Language access/needs

Pattern or Practice

Racial profiling

Record-keeping

Search policies

Discrimination Basis:

Immigration status

National origin discrimination

Race discrimination

Affected National Origin/Ethnicity(s):

Hispanic

Policing:

Inadequate citizen complaint investigations and procedures

Traffic Stops