Case: Leith v. County of Nassau

2:22-cv-06933 | U.S. District Court for the Eastern District of New York

Filed Date: Nov. 14, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about allegations of racial discrimination against police officers conducting traffic stops in Nassau County. On November 14, 2022, a mother, who was stopped by Nassau police with her infant son and detained for 11 hours without being charged, filed this lawsuit in the U.S. District Court for the Eastern District of New York. The plaintiff sued the Nassau County Police Department (NCPD), as well as individual officers and a New York State Trooper who were involved in her stop and…

This is a case about allegations of racial discrimination against police officers conducting traffic stops in Nassau County. On November 14, 2022, a mother, who was stopped by Nassau police with her infant son and detained for 11 hours without being charged, filed this lawsuit in the U.S. District Court for the Eastern District of New York. The plaintiff sued the Nassau County Police Department (NCPD), as well as individual officers and a New York State Trooper who were involved in her stop and detainment.  She brought suit under 42 U.S.C. § 1983, alleging violations of the Fourth, Fifth, and Fourteenth Amendments, and New York state law. She brought claims alleging false arrest, malicious prosecution, false imprisonment, unreasonable search and seizure, abuse of process and fabrication of evidence, as well as racial profiling and race discrimination. Represented by private counsel, the plaintiff sought damages of more than $5 million, compensatory and punitive damages, injunctive relief and any other appropriate relief. The case was assigned to Judge Gary R. Brown and Magistrate Judge Anne Y. Shields.

Plaintiff filed an amended complaint on April 21, 2023, seeking to represent a class of similarly situated people and including class action allegations and claims. The amended complaint included additional data about NCPD’s arrests and traffic stops intended to show that the NCPD had a pattern of engaging in race based policing with higher arrest rates for Black and Brown people. The class action allegations sought injunctive and declaratory relief , as well as monetary damages, on behalf of all Black and Brown drivers in Nassau County who were stopped by the NCPD for improper, discriminatory, pre-textual or unlawful reasons. The amended complaint also added further claims under New York state human rights law, including disparate treatment and disparate impact as a result of NCPD’s policing practices.

As of June 28, 2023, litigation remains ongoing.

 

Summary Authors

Simran Takhar (6/27/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/65752310/parties/leith-v-the-county-of-nassau/


Judge(s)

Brown, Gary R. (New York)

Attorney for Plaintiff

Brewington, Frederick K. (New York)

Judge(s)

Brown, Gary R. (New York)

Attorney for Plaintiff

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Documents in the Clearinghouse

Document
1

2:22-cv-06933

Complaint

Nov. 14, 2022

Nov. 14, 2022

Complaint
21

2:22-cv-06933

Second Amended Complaint

April 21, 2023

April 21, 2023

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/65752310/leith-v-the-county-of-nassau/

Last updated Dec. 2, 2023, 12:44 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against John/Jane Does #1-10, New York State Troopers John Roes #1-10, K. Sovaras, The County of Nassau, The Nassau County Police Department filing fee $ 402, receipt number ANYEDC-16136661 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Tivia Leith. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons) (Brewington, Frederick) (Entered: 11/14/2022)

Nov. 14, 2022

Nov. 14, 2022

Clearinghouse
2

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) (Entered: 11/14/2022)

Nov. 14, 2022

Nov. 14, 2022

PACER
3

In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (LJ) (Entered: 11/14/2022)

Nov. 14, 2022

Nov. 14, 2022

PACER
4

Summons Issued as to All Defendants. (LJ) (Entered: 11/14/2022)

Nov. 14, 2022

Nov. 14, 2022

PACER

Case Assigned/Reassigned

Nov. 14, 2022

Nov. 14, 2022

PACER

Case Assigned to Judge Gary R. Brown and Magistrate Judge Anne Y. Shields. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (LJ)

Nov. 14, 2022

Nov. 14, 2022

PACER
5

Notice of Related Case: The Civil Cover Sheet filed in civil action 22cv7023(JMA)(LGD) indicates this is a related case. (LJ) (Entered: 11/17/2022)

Nov. 17, 2022

Nov. 17, 2022

PACER
6

ORDER: Initial Conference set for 3/20/2023 at 11:00 AM before Magistrate Judge Anne Y. Shields. The parties are directed to call the AT&TTeleconferencing Center at (877) 810-9415 and to enter Access Code9005911 when prompted. See order and attachment. Ordered by Magistrate Judge Anne Y. Shields on 11/21/2022. (Attachments: # 1 AYS Rules) (JT) (Entered: 11/21/2022)

Nov. 21, 2022

Nov. 21, 2022

PACER
7

AMENDED COMPLAINT against John/Jane Does #1-10, New York State Troopers John Roes #1-10, K. Sovaras, The County of Nassau, The Nassau County Police Department, filed by Tivia Leith. (Brewington, Frederick) (Entered: 11/26/2022)

Nov. 26, 2022

Nov. 26, 2022

RECAP
8

Letter MOTION for Extension of Time to File response to the Amended Complaint by The County of Nassau, The Nassau County Police Department. (Ben-Sorek, Liora) (Entered: 12/14/2022)

Dec. 14, 2022

Dec. 14, 2022

PACER

Order on Motion for Extension of Time to File

Dec. 14, 2022

Dec. 14, 2022

PACER
9

NOTICE of Appearance by Laurel R. Kretzing on behalf of K. Sovaras, The County of Nassau, The Nassau County Police Department (aty to be noticed) (Kretzing, Laurel) (Entered: 01/12/2023)

Jan. 12, 2023

Jan. 12, 2023

PACER
10

NOTICE of Appearance by Christopher E. Vatter on behalf of K. Sovaras, The County of Nassau, The Nassau County Police Department (aty to be noticed) (Vatter, Christopher) (Entered: 01/12/2023)

Jan. 12, 2023

Jan. 12, 2023

PACER
11

Letter MOTION for pre motion conference by K. Sovaras, The County of Nassau, The Nassau County Police Department. (Attachments: # 1 Exhibit A- Ticket 29NH, # 2 Exhibit B- Ticket 29D9) (Kretzing, Laurel) (Entered: 01/12/2023)

Jan. 12, 2023

Jan. 12, 2023

PACER

Order on Motion for Pre Motion Conference

Jan. 13, 2023

Jan. 13, 2023

PACER
12

Letter MOTION for Extension of Time to File Plaintiff's Opposition to Defendants' Pre-Motion Letter by Tivia Leith. (Brewington, Frederick) (Entered: 01/30/2023)

Jan. 30, 2023

Jan. 30, 2023

PACER
13

NOTICE of Appearance by Leah Elizabeth Jackson on behalf of Tivia Leith (aty to be noticed) (Jackson, Leah) (Entered: 01/31/2023)

Jan. 31, 2023

Jan. 31, 2023

PACER
14

NOTICE of Appearance by Cobia Malik Powell on behalf of Tivia Leith (aty to be noticed) (Powell, Cobia) (Entered: 01/31/2023)

Jan. 31, 2023

Jan. 31, 2023

PACER
15

NOTICE of Appearance by Albert Darnell Manuel, III on behalf of Tivia Leith (aty to be noticed) (Manuel, Albert) (Entered: 01/31/2023)

Jan. 31, 2023

Jan. 31, 2023

PACER

Order on Motion for Extension of Time to File

Jan. 31, 2023

Jan. 31, 2023

PACER
16

Letter Response In Opposition to County Defendants' Letter Motion for Pre Motion Conference by Tivia Leith. (Brewington, Frederick) Modified on 4/3/2023 (JC). (Entered: 02/02/2023)

Feb. 2, 2023

Feb. 2, 2023

PACER
17

SUMMONS Returned Executed by Tivia Leith. New York State Troopers John Roes #1-10 served on 11/15/2022, answer due 12/6/2022. (Brewington, Frederick) (Entered: 02/22/2023)

Feb. 22, 2023

Feb. 22, 2023

PACER
18

SUMMONS Returned Executed by Tivia Leith. New York State Troopers John Roes #1-10 served on 11/28/2022, answer due 12/19/2022. (Brewington, Frederick) (Entered: 02/22/2023)

Feb. 22, 2023

Feb. 22, 2023

PACER
19

Letter MOTION to Adjourn Conference submitted jointly with counsel for plaintiff by K. Sovaras, The County of Nassau, The Nassau County Police Department. (Kretzing, Laurel) (Entered: 03/15/2023)

March 15, 2023

March 15, 2023

PACER

Order on Motion to Adjourn Conference

March 16, 2023

March 16, 2023

PACER
20

Minute Entry for proceedings held before Judge Gary R. Brown: Pre Motion Conference held on 3/30/2023. Counsel for all sides present. Pre-motion conference held. Motion argued. The Court deems the motion made. Other: For the reasons set forth on the record, motion granted in part. Plaintiff will have 3 weeks to file an amended complaint. SEE ATTACHED FOR FURTHER DETAILS. (FTR Log #10:38-11:14.) (JC) (Entered: 04/03/2023)

March 30, 2023

March 30, 2023

RECAP

Terminate Motions (filed in error)

April 3, 2023

April 3, 2023

PACER
21

AMENDED COMPLAINT against Kathleen Reid, Badge #6584, Aziz, Badge #171, filed by Tivia Leith. (Attachments: # 1 Civil Cover Sheet (Amended) Civil Cover Sheet, # 2 Proposed Summons Amended Summons) (Brewington, Frederick) (Entered: 04/21/2023)

April 21, 2023

April 21, 2023

Clearinghouse
22

Summons Issued

April 24, 2023

April 24, 2023

PACER
22

Summons Issued as to Aziz, Badge #171, Kathleen Reid, Badge #6584, K. Sovaras, The County of Nassau, The Nassau County Police Department. (JC) (Entered: 04/24/2023)

April 24, 2023

April 24, 2023

PACER
23

Transcript

April 25, 2023

April 25, 2023

PACER
23

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on March 30, 2023, before Judge Gary R. Brown. Transcriber Transcriptions Plus II, Inc., Telephone number 516-358-7352. Email address: rl.transcriptions2@gmail.com. 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 5/16/2023. Redacted Transcript Deadline set for 5/26/2023. Release of Transcript Restriction set for 7/24/2023. (DC) (Entered: 04/25/2023)

April 25, 2023

April 25, 2023

PACER
24

Summons Returned Executed

May 3, 2023

May 3, 2023

PACER
24

SUMMONS Returned Executed by Tivia Leith. Kathleen Reid, Badge #6584 served on 4/28/2023, answer due 5/19/2023; The Nassau County Police Department served on 4/28/2023, answer due 5/19/2023. (Attachments: # 1 Affidavit of Service P.LO. Kathleen Reid) (Brewington, Frederick) (Entered: 05/03/2023)

May 3, 2023

May 3, 2023

PACER
25

Summons Returned Executed

May 3, 2023

May 3, 2023

PACER
25

SUMMONS Returned Executed by Tivia Leith. Aziz, Badge #171 served on 4/24/2023, answer due 5/15/2023. (Brewington, Frederick) (Entered: 05/03/2023)

May 3, 2023

May 3, 2023

PACER
26

Adjourn Conference

May 5, 2023

May 5, 2023

PACER
26

Letter MOTION to Adjourn Conference Adjournment of Intial Conference Submitted Jointly With Counsel for Plaintiff by K. Sovaras, The County of Nassau, The Nassau County Police Department. (Kretzing, Laurel) (Entered: 05/05/2023)

May 5, 2023

May 5, 2023

PACER

Order on Motion to Adjourn Conference

May 6, 2023

May 6, 2023

PACER

Order on Motion to Adjourn Conference

May 6, 2023

May 6, 2023

PACER
27

Extension of Time to File Answer

May 12, 2023

May 12, 2023

PACER
27

First MOTION for Extension of Time to File Answer re 1 Complaint, by Aziz, Badge #171. (Pack, Lori) (Entered: 05/12/2023)

May 12, 2023

May 12, 2023

PACER
28

Letter To Judge Advising of Briefing Schedule Regarding County Defendants' Motion to Dismiss by Kathleen Reid, Badge #6584, K. Sovaras, The County of Nassau (Kretzing, Laurel) (Entered: 05/12/2023)

May 12, 2023

May 12, 2023

PACER
28

Letter

May 12, 2023

May 12, 2023

PACER

Order on Motion for Extension of Time to Answer

May 15, 2023

May 15, 2023

PACER

Order on Motion for Extension of Time to Answer

May 15, 2023

May 15, 2023

PACER

Order(Other)

May 24, 2023

May 24, 2023

PACER

Order(Other)

May 24, 2023

May 24, 2023

PACER
29

First MOTION for pre motion conference re 7 Amended Complaint by Aziz, Badge #171. (Pack, Lori) (Entered: 05/25/2023)

May 25, 2023

May 25, 2023

PACER

ORDER granting 29 Motion for Pre Motion Conference. A pre-motion telephone conference is scheduled for August 29, 2023 at 10:30 AM before Judge Gary R. Brown, at which time the parties should be prepared to address Defendants' anticipated motion pursuant to Rule 12 of the Federal Rules of Civil Procedure, DE 29. The parties are to call (888) 363-4734 using ACCESS CODE 4132441 five minutes prior to the designated time.The parties are on notice that in appropriate cases, the pre-motion letter and the response, along with the parties' arguments made at the pre-motion conference, may be construed at the discretion of the Court as the motion itself. Arguments not raised in the pre-motion letters or during the pre-motion conference shall be deemed waived. See In re Best Payphones, Inc., 450 F. App'x 8, 15 (2d Cir. 2011). At the conference, the Court will issue a briefing schedule if necessary. Plaintiffs are directed to respond to DE 29 in accordance with the undersigned's individual rules by June 25, 2023. Before requesting an adjournment, the parties shall meet and confer and submit a joint letter with several proposed dates. The parties and other attendees to the conference are also reminded that the recording of any proceeding of the Court, including this conference, is prohibited under Local Rule 1.8. Ordered by Judge Gary R. Brown on 5/26/2023. (MR)

May 26, 2023

May 26, 2023

PACER

Order on Motion for Pre Motion Conference

May 26, 2023

May 26, 2023

PACER
30

Scheduling Order

June 8, 2023

June 8, 2023

PACER
31

Letter Joint Initial Letter by Plaintiffs and Defendants by Tivia Leith (Attachments: # 1 Appendix B- Proposed Scheduling Order) (Powell, Cobia) (Entered: 06/08/2023)

June 8, 2023

June 8, 2023

PACER

Incorrect Case/Document/Entry Information: Due to a statistical error behind the scenes, the 06/08/2023 SCHEDULING ORDER was deleted and re-docketed. There will be no DE#30 on the docket. (GO)

June 8, 2023

June 8, 2023

PACER

SCHEDULING ORDER: Due to a change in the Court's schedule, the pre-motion conference scheduled for August 29, 2023 at 10:30 AM is adjourned to August 30, 2023 at 10:30 AM. Ordered by Judge Gary R. Brown on 6/8/2023. (GO) (Due to a statistical error behind the scenes, the order was deleted and re-docketed)

June 8, 2023

June 8, 2023

PACER
32

Minute Entry for proceedings held before Magistrate Judge Anne Y. Shields:Initial Conference Hearing held on 6/12/2023. A telephone status conference has been scheduled for April 3, 2024 at 11:00 AM. Counsel aredirected to call the AT&T Teleconference Center at (877) 810-9415 at the time of the conferenceand enter Access Code 9005911 when prompted.(FTR Log #1:41-1:49.) (JT) (Entered: 06/13/2023)

June 12, 2023

June 12, 2023

PACER

Scheduling Order

June 12, 2023

June 12, 2023

PACER

SCHEDULING ORDER: As set forth on the record during the conference held on June 12, 2023 all paper discovery shall be exchanged by March 31, 2024. A telephone status conference has been scheduled for April 3, 2024 at 11:00 AM. Counsel are directed to call the AT&T Teleconference Center at (877) 810-9415 at the time of the conference and enter Access Code 9005911 when prompted. So Ordered by Magistrate Judge Anne Y. Shields on 6/12/2023. (DM)

June 12, 2023

June 12, 2023

PACER
33

Letter MOTION for Extension of Time to File in Opposition to Defendants' Pre-Motion Letter by Tivia Leith. (Powell, Cobia) (Entered: 06/16/2023)

June 16, 2023

June 16, 2023

PACER

Order on Motion for Extension of Time to File

June 20, 2023

June 20, 2023

PACER

ORDER granting 33 Motion for Extension of Time to File. On consent, plaintiffs' motion for an extension of time to file their responsive pre motion letter is GRANTED. Plaintiffs shall file their letter on or before July 17, 2023. Ordered by Judge Gary R. Brown on 6/20/2023. (MR)

June 20, 2023

June 20, 2023

PACER

Incorrect Case-Document Information

June 21, 2023

June 21, 2023

PACER

Scheduling Order

June 21, 2023

June 21, 2023

PACER
34

Letter

July 5, 2023

July 5, 2023

PACER
35

Dismiss

July 26, 2023

July 26, 2023

PACER
36

Adjourn Conference

Aug. 28, 2023

Aug. 28, 2023

PACER
37

Response to Motion

Aug. 28, 2023

Aug. 28, 2023

PACER

Order on Motion to Adjourn Conference

Aug. 29, 2023

Aug. 29, 2023

PACER
38

Pre Motion Conference

Oct. 4, 2023

Oct. 4, 2023

PACER
39

MEMORANDUM & ORDER granting 35 Motion to Dismiss: Based on the foregoing, defendants motion to dismiss the sixth cause of action must be GRANTED in its entirety. Plaintiffs have, at least implicitly, requested the right to replead. While such appl ications are granted liberally, they are routinely denied where repleading would be futile. In this case, the record reflects the filing of an initial complaint, two amended complaints and the previewing of supplemental allegations by plaintiff in response to the motion, none of which suffice to adequately plead the subject cause of action. Therefore, leave to replead is DENIED. SEE ATTACHED ORDER FOR FURTHER DETAILS. Ordered by Judge Gary R. Brown on 10/25/2023. (JC)

Oct. 25, 2023

Oct. 25, 2023

RECAP
40

Answer to Amended Complaint

Nov. 8, 2023

Nov. 8, 2023

PACER
41

Answer to Amended Complaint

Nov. 21, 2023

Nov. 21, 2023

PACER

Case Details

State / Territory: New York

Case Type(s):

Policing

Special Collection(s):

Traffic Stop Litigation

Key Dates

Filing Date: Nov. 14, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A black woman who alleged she was stopped by Nassau police with her infant son, and detained for 11 hours with no charges ever being filed, and a putative class of similarly situated people subjected to allegedly racially discriminatory traffic stops by the NCPD.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Nassau County Police Department (Nassau), County

New York State Troopers, State

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

State Anti-Discrimination Law

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Unreasonable search and seizure

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Conditions of confinement

Over/Unlawful Detention

Pattern or Practice

Racial profiling

Restraints : physical

Search policies

Strip search policy

Traffic Stops

Jails, Prisons, Detention Centers, and Other Institutions:

Confinement/isolation

Discrimination-area:

Disparate Impact

Policing:

False arrest

Discrimination-basis:

Race discrimination