Filed Date: Oct. 4, 2017
Case Ongoing
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Three New York City residents filed this putative class action lawsuit in the United States District Court for the Southern District of New York on October 4, 2017. The plaintiffs–represented by private counsel–sued the City of New York (“the City”) over the City’s process for paying bail. They requested declaratory relief and compensatory damages under 42 U.S.C. § 1983 for violations of the Fourth and Fourteenth Amendments and under a theory of common law false imprisonment. The plaintiffs also sought to represent a putative class: all individuals who (a) were detained in any Department of Corrections (DOC) facility; (b) received a judicial order fixing bail pursuant to Title P of Part Three of Chapter 11-A of the New York Criminal Procedure Law (“CPL”); (c) “posted bail” as that term is defined in Section 500.10(8) of the CPL; and (d) were not released from DOC custody within a reasonable time after someone was ready, willing, and able to post bail on their behalf.
At base, the plaintiffs alleged that the City’s system for bail payment and release caused unnecessary delays and over-detentions. In practice, they said, the City’s system jailed presumptively innocent detainees in violation of court orders entitling those detainees to release upon posting bail. For example, a family member or friend might have appeared at the City’s Department of Corrections (DOC) and offered to pay bail for a detainee. The City’s employees would then have revealed various problems with their system, staffing, or other elements of the detention process. These problems meant that the payment could not be accepted, and thus the detainee could not be released. The plaintiffs also claimed that even when the City accepted a bail payment, defendants would often wait far longer than necessary for release.
The case was assigned to Judge William H. Pauley. The City moved to dismiss for failure to state a claim on January 3, 2018, making several related arguments. First, the City asserted that no constitutional violation existed because the length of time for which the plaintiffs were allegedly detained was presumptively reasonable. Second, the City claimed that the plaintiffs failed to allege a policy or practice under Monell v. Department of Social Services. The City also argued that the Prison Litigation Reform Act (PLRA) barred the plaintiffs’ claims because they failed to allege physical injury. Finally, given its arguments regarding the constitutional claims, the City also asked the court to decline supplemental jurisdiction over the state law false imprisonment claims. If the City was correct about the constitutional claims, there would be no federal claim to support supplemental jurisdiction.
But the court, on September 28, 2018, rejected the City’s arguments regarding each of the plaintiffs’ claims. The court first found that the PLRA’s bar on actions “brought by a prisoner confined in a jail, prison, or other correctional facility, for mental or emotional injury suffered while in custody [without a prior showing of physical injury]” did not apply. Contrary to the City’s reading, the court stated that this section of the PLRA does not extend to actions filed after a prisoner or detainee’s release. The plaintiffs in this case were released before they filed suit, meaning the PLRA did not bar their action.
The court then explained that at least some federal courts of appeals have recognized that the fixing of bail gives rise to a liberty interest in paying bail that is protected by substantive due process. And other courts have generally used substantive due process concepts to analyze claims based on the delayed release of pre-trial detainees after the legal basis for detention has expired. The court found that, under this framework, the plaintiffs adequately alleged that their interests in paying bail and being released upon paying bail were infringed by the City’s deliberate indifference. The City argued that the specific violations in this case were presumptively reasonable because they fell within County of Riverside v. McLaughlin’s bright line period (48 hours). But the court found a number of concerns when attempting to apply McLaughlin to the plaintiffs’ particular situations and thus declined to apply that case.
For those reasons, the court found that the plaintiffs stated a plausible constitutional claim. And because the plaintiffs stated a plausible constitutional claim, the court had no reason to decline supplemental jurisdiction over the state law false imprisonment claims.
As discovery continued, two procedural changes occurred: the case was reassigned to Judge John G. Koeltl on July 28, 2021, and the plaintiffs filed a suggestion of death for one of the plaintiffs on November 16, 2021. The plaintiffs did not move to substitute another plaintiff within the period required by Rule 25(a)(1), so the court dismissed the deceased plaintiff’s claims on June 17, 2022.
The plaintiffs moved for preliminary approval of a settlement on November 22, 2022. And on December 1, 2022, the court preliminarily approved the settlement, directed notice to the class members, and scheduled a fairness hearing. In doing so, the court certified a settlement class under Rule 23(b)(3) of all people who were (a) in the custody of the City’s DOC, (b) were on at least one occasion released from DOC custody upon payment of bail during the class period, and (c) had a delay in their release from custody after bail had been paid. The settlement set forth that class members would receive a flat $3,500 for each “instance of release,” which meant that the total amount of the settlement would be unknown until after all claims were made. (News coverage of the settlement estimates that, based on the number of unique New York State ID numbers in the system, the settlement amount could total as much as $300 million.) Moreover, the two named plaintiffs each received a $20,000 service award for serving as a class representative. Finally, the City agreed to pay attorneys’ fees as some proportion of the settlement total, which was to be determined.
The court scheduled a fairness hearing pursuant to Rule 23(e) for July 11, 2023, in its order preliminarily approving the settlement. Litigation in this case is thus ongoing as of January 1, 2023.
Summary Authors
Hank Minor (12/28/2022)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6259834/parties/lloyd-jones-v-the-city-of-new-york/
Adams, Daniel Lloyd (New York)
Anci, Joseph (New York)
Andersen, Jane Elizabeth (New York)
Aribakan, Suzanne Emily (New York)
Arko, Christopher G. (New York)
Adams, Daniel Lloyd (New York)
Andersen, Jane Elizabeth (New York)
Aribakan, Suzanne Emily (New York)
Arko, Christopher G. (New York)
Bahrenburg, Richard (New York)
Balog, Aliza Jordana (New York)
Barker, Kami Zumbach (New York)
Barnett, Camille Danielle (New York)
Beath, Patrick Neil (New York)
Bergman, Zachary Russell (New York)
Birnbaum, Brooke Allyson (New York)
Bloom, Aaron Michael (New York)
Bouriat, Christopher Saleh (New York)
Braun, Daniel Michael (New York)
Brocker, Peter William (New York)
Brooks, Jeffrey Charles (New York)
Bruzzese, Sheryl Ann (New York)
Buchanan, Michael F. (New York)
Byrns, Katherine Abigail (New York)
Calistro, Phyllis Gail (New York)
Canfield, Donna Anne (New York)
Carpenter, Megan Burrows (New York)
Castro, Johana Vanessa (New York)
Cavalieri, Meghan Ann (New York)
Chen, Caroline Ling-Yu (New York)
Ciappetta, Nicholas R. (New York)
Cohen, Jessica Talia (New York)
Comfrey, Kathleen Marie (New York)
Cooke, Brenda Elaine (New York)
Daitz, Elizabeth M. (New York)
D'Andrea, Theresa Jeanine (New York)
Dawkins, Julinda A. (New York)
DeCastro, Maria Fernanda (New York)
DePaul, Philip Rudolph (New York)
Depoian, Carolyn Kay (New York)
Dervin, James Monroe (New York)
Desmond, James Finbar (New York)
Disenso, Anthony Matthew (New York)
Dole-Merson, Vivian (New York)
Dougherty, Jeffrey Anthony (New York)
Eichenholtz, Seth D. (New York)
Englert, Eviana Linnea (New York)
Fabian, Shawn David (New York)
Faddis, Hannah Victoria (New York)
Farrar, Brian Jeremy (New York)
Farrell, Peter Gerard (New York)
Fett, Baree Nichole (New York)
Fitzgibbon, Kaitlin E. (New York)
Fogarty, Peter John (New York)
Forster, Ian William (New York)
Francolla, Brian Christopher (New York)
Fretel, Anna Nguyen (New York)
Frommer, Hillary Ann (New York)
Fudim, Elissa Paulette (New York)
Garman, Ashley Rebecca (New York)
Gertzer, Michael Keith (New York)
Gomez-Sanchez, Daniel Sergio (New York)
Gutmann, Joseph Aaron (New York)
Haber, Erica Michelle (New York)
Haberman, Paul Stuart (New York)
Haider, Bilal Husain (New York)
Halbardier, Suzanne M. (New York)
Hanlon, Craig Andrew (New York)
Harvis, Gabriel Paul (New York)
Heer, Christopher Lee (New York)
Heim, Douglas William (New York)
Jacobs, Elissa Beth (New York)
Johnson, Paul Hasan (New York)
Joyce, Kimberly Marie (New York)
Kitzinger, Stephen Edward (New York)
Kruk, Carolyn Elizabeth (New York)
Larkin, Arthur Gabriel (New York)
Leist, Alexis Lucia (New York)
Lemonedes, James M. (New York)
Lichterman, Ariel Shaun (New York)
Low-Beer, John Rudolf (New York)
Lucas, Andrew Joseph (New York)
MacFarlane, Katherine Alice (New York)
Manningham, Nicholas Daniel (New York)
Marcoccia, Rachel Kathryn (New York)
Marutollo, Joseph Anthony (New York)
Maxey, Brian Guenther (New York)
Mbabazi, Deborah L. (New York)
McGillivary, Gregory Keith (New York)
Mettham, Suzanna Publicker (New York)
Mindrutiu, Linda Margareta (New York)
Minko, Anthony James (New York)
Minnah-Donkoh, Kuuku Angate (New York)
Mitchell, Alison Sue (New York)
Modafferi, Matthew Joseph (New York)
Moston, Rachel Kane (New York)
Murray, Diana Marsh (New York)
Muschenheim, Mark W. (New York)
Myerberg, Andrew Thomas (New York)
Naughton, Kathleen Erin (New York)
Neufeld, Sheryl Rebecca (New York)
Nimick, Virginia Jackson (New York)
Noble, Alexander Macrae (New York)
Okereke, Amy Nkemka (New York)
Passeser, Daniel Louis (New York)
Patrick, Bradford Collins (New York)
Pollack, David Michael (New York)
Priveterre, Joyce Diane (New York)
Profeta, Lawrence John (New York)
Pullio, Robyn Nicole (New York)
Reddy, Prathyusha Bandi (New York)
Renaghan, Sean Robert (New York)
Richards, Camiel S. (New York)
Richardson, Lisa Marie (New York)
Rivera, Suzette Corinne (New York)
Rodriguez, Wilda J. (New York)
Rosencrantz, Caryn A. (New York)
Rosenkilde, Kiran Hans (New York)
Rubin, Jennifer Lindsay (New York)
Saavedra, Daniel G. (New York)
Saint-Fort, Dominique F. (New York)
Sampale, Suvarna S. (New York)
Santiago, Leticia Joy (New York)
Scharfstein, Susan P. (New York)
Schmedlin, William Francis (New York)
Schowengerdt, John S (New York)
Schuman, Jennifer Helen (New York)
Seacord, Christopher Aaron (New York)
Shaffer, Ryan Glenn (New York)
Shammas, Cheryl Leah (New York)
Shtelmakher, Milena (New York)
Siddiqi, Omar Javed (New York)
Silverberg, Steven Mark (New York)
Silvermintz, Robyn Leigh (New York)
Singleton, Gerald E. (New York)
Siskind, Shira Rachel (New York)
Sitaras, Basil Constantine (New York)
Smith, Katherine Elizabeth (New York)
Smith, Jordan Michael (New York)
Smith-Williams, Qiana Charmaine (New York)
Speight, Melanie Mary (New York)
Sprovieri, Kathryn M (New York)
Stackhouse, Noreen M. (New York)
Stockman, Benjamin Eldridge (New York)
Tann, Sabrina Melissa (New York)
Telfort, Pernell Michael (New York)
Thadani, Kavin Suresh (New York)
Weiler, Fred Michael (New York)
Weingarten, Richard Keith (New York)
Weir, Matthew Charles (New York)
Welch, Alicia Hayley (New York)
Wells, Elizabeth A. (New York)
Wenzel, Andrew Patrick (New York)
Winslow, Lamar Devaughn (New York)
Yogiaveetil, Rosemary (New York)
Younger, Stephen P. (New York)
Zgodny, Vicki Becker (New York)
See docket on RECAP: https://www.courtlistener.com/docket/6259834/lloyd-jones-v-the-city-of-new-york/
Last updated March 9, 2024, 3:09 a.m.
State / Territory: New York
Case Type(s):
Special Collection(s):
Fines/Fees/Bail Reform (Criminalization of Poverty)
Post-WalMart decisions on class certification
Key Dates
Filing Date: Oct. 4, 2017
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
The plaintiffs were individuals who represented the following class: those individuals who were in the custody of New York City's Department of Corrections, were on at least one occasion released from DOC custody upon payment of bail between October 4, 2014 and October 21, 2022, and had a delay in their release from custody after bail had been paid.
Plaintiff Type(s):
Attorney Organizations:
Emery Celli Brinckerhoff & Abady LLP
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Pending
Defendants
City of New York (New York), City
Defendant Type(s):
Facility Type(s):
Case Details
Causes of Action:
Constitutional Clause(s):
Due Process: Substantive Due Process
Unreasonable search and seizure
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Amount Defendant Pays: 300,000,000
Issues
General/Misc.:
Jails, Prisons, Detention Centers, and Other Institutions: