Case: NAACP Delaware State Conference of Branches v. City of Wilmington

1:23-cv-01205 | U.S. District Court for the District of Delaware

Filed Date: Oct. 24, 2023

Case Ongoing

Clearinghouse coding complete

Case Summary

This case concerns the constitutionality of the Wilmington Police Department (“WPD”)’s police practices. On October 24, 2023, the Delaware affiliate of the NAACP (“NAACP-DE”) and two individual Wilmington residents filed a class action lawsuit in the United States District Court for the District of Delaware. Represented by the ACLU-Delaware and private counsel, plaintiffs sued the City of Wilmington (“City”), the mayor, and the WPD Chief under 42 U.S.C. § 1983 and Title VI of the Civil Rights A…

This case concerns the constitutionality of the Wilmington Police Department (“WPD”)’s police practices. On October 24, 2023, the Delaware affiliate of the NAACP (“NAACP-DE”) and two individual Wilmington residents filed a class action lawsuit in the United States District Court for the District of Delaware. Represented by the ACLU-Delaware and private counsel, plaintiffs sued the City of Wilmington (“City”), the mayor, and the WPD Chief under 42 U.S.C. § 1983 and Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.).


The complaint alleged that the WPD violated the Fourth Amendment by stopping, searching, and arresting individuals without probable cause; engaged in racial profiling in violation of the Fourteenth Amendment’s Equal Protection Clause; and allowed probation officers to search homes and vehicles in violation of Delaware state law. The plaintiffs further alleged that WPD officers covered up constitutional violations through poor record-keeping, fabricated their reasoning for obtaining warrants, and failed to investigate or discipline officers who engaged in unconstitutional conduct. 


The plaintiffs sought declaratory and injunctive relief, a court-appointed monitor, attorneys’ fees and costs, and class certification for “persons who have suffered and who, without judicial relief, will suffer violations of their Fourth and Fourteenth Amendment rights due to illegal stops, frisks, searches and arrests, and by racially discriminatory law enforcement policies and practices.”


The case is ongoing as of November 24, 2023.

Summary Authors

Sophia Acker (11/24/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/67912087/parties/naacp-delaware-state-conference-of-branches-v-city-of-wilmington/


Attorney for Plaintiff

Bensing, Dwayne Julian (Delaware)

Freedman, John A. (Delaware)

Johnson, Andrew C. (Delaware)

Attorney for Defendant

Farnan, Kelly E. (Delaware)

Metzler, Sara M. (Delaware)

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Documents in the Clearinghouse

Document
1

1:23-cv-01205

Class Action Complaint

Delaware v. Wilmington

Oct. 24, 2023

Oct. 24, 2023

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/67912087/naacp-delaware-state-conference-of-branches-v-city-of-wilmington/

Last updated Aug. 8, 2025, 6:15 a.m.

ECF Number Description Date Link Date / Link
1

Complaint

Oct. 25, 2023

Oct. 25, 2023

Clearinghouse
2

Magistrate Consent Forms

Oct. 25, 2023

Oct. 25, 2023

PACER
3

Disclosure Statement - Rule 7.1

Oct. 25, 2023

Oct. 25, 2023

PACER

No Summons Issued

Oct. 25, 2023

Oct. 25, 2023

PACER

Deficiency Notice - No 7.1 Statement Filed

Oct. 25, 2023

Oct. 25, 2023

PACER
4

Appear Pro Hac Vice

Oct. 27, 2023

Oct. 27, 2023

PACER
5

Appear Pro Hac Vice

Oct. 27, 2023

Oct. 27, 2023

PACER

SO ORDERED

Nov. 2, 2023

Nov. 2, 2023

PACER

SO ORDERED, re 5 MOTION for Pro Hac Vice Appearance of Attorney David Rudovsky filed by NAACP Delaware State Conference of Branches, 4 MOTION for Pro Hac Vice Appearance of Attorney John A. Freedman, Laura S. Shores, Jocelyn Porter filed by NAACP Delaware State Conference of Branches. Signed by Judge Gregory B. Williams on 11/2/23. (ntl)

Nov. 2, 2023

Nov. 2, 2023

PACER
6

WAIVER OF SERVICE returned executed by NAACP Delaware State Conference of Branches: For City of Wilmington waiver sent on 11/3/2023, answer due 1/2/2024. (Attachments: # 1 Notice of Waiver of Summons)(Bensing, Dwayne) (Entered: 11/08/2023)

Nov. 8, 2023

Nov. 8, 2023

PACER

Add Attorneys - PHV only

Dec. 18, 2023

Dec. 18, 2023

PACER

Pro Hac Vice Attorneys John A. Freedman and Jocelyn Porter for NAACP Delaware State Conference of Branches added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb)

Dec. 18, 2023

Dec. 18, 2023

PACER

Add Attorneys - PHV only

Dec. 21, 2023

Dec. 21, 2023

PACER

Pro Hac Vice Attorney David Rudovsky for NAACP Delaware State Conference of Branches added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb)

Dec. 21, 2023

Dec. 21, 2023

PACER
7

STIPULATION TO EXTEND TIME to answer, move or otherwise respond to Plaintiffs' Complaint to January 10, 2024 - filed by Wilfredo Campos, City of Wilmington, Michael Purzycki. (Farnan, Kelly) (Entered: 12/29/2023)

Dec. 29, 2023

Dec. 29, 2023

PACER

Add Attorneys - PHV only

Jan. 2, 2024

Jan. 2, 2024

PACER

SO ORDERED

Jan. 2, 2024

Jan. 2, 2024

PACER

Pro Hac Vice Attorney Laura S. Shores for NAACP Delaware State Conference of Branches added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb)

Jan. 2, 2024

Jan. 2, 2024

PACER

SO ORDERED, re 7 STIPULATION TO EXTEND TIME to answer, move or otherwise respond to Plaintiffs' Complaint to January 10, 2024 filed by Michael Purzycki, City of Wilmington, Wilfredo Campos. Signed by Judge Gregory B. Williams on 1/2/24. (ntl)

Jan. 2, 2024

Jan. 2, 2024

PACER
8

MOTION to Dismiss for Failure to State a Claim or, in the Alternative, to Strike the Class Certification Allegations - filed by Wilfredo Campos, City of Wilmington, Michael Purzycki. (Attachments: # 1 Text of Proposed Order)(Farnan, Kelly) (Entered: 01/10/2024)

Jan. 10, 2024

Jan. 10, 2024

PACER
9

OPENING BRIEF in Support re 8 MOTION to Dismiss for Failure to State a Claim or, in the Alternative, to Strike the Class Certification Allegations filed by Wilfredo Campos, City of Wilmington, Michael Purzycki.Answering Brief/Response due date per Local Rules is 1/24/2024. (Farnan, Kelly) (Entered: 01/10/2024)

Jan. 10, 2024

Jan. 10, 2024

PACER
10

Joint STIPULATION TO EXTEND TIME January 24, 2024 to January 31, 2024 - filed by NAACP Delaware State Conference of Branches. (Bensing, Dwayne) (Entered: 01/23/2024)

Jan. 23, 2024

Jan. 23, 2024

PACER

SO ORDERED

Jan. 24, 2024

Jan. 24, 2024

PACER

SO ORDERED, re 10 Joint STIPULATION TO EXTEND TIME to January 31, 2024 filed by NAACP Delaware State Conference of Branches. Signed by Judge Gregory B. Williams on 1/24/24. (ntl)

Jan. 24, 2024

Jan. 24, 2024

PACER
11

Pro Hac Vice Fee - Credit Card Payment received for Andrew Johnson. ( Payment of $ 50, receipt number ADEDC-4326320).(Bensing, Dwayne) (Entered: 01/31/2024)

Jan. 31, 2024

Jan. 31, 2024

PACER

-District Court Pro Hac Vice Fee - 01 Attorney Credit Card Payment

Jan. 31, 2024

Jan. 31, 2024

PACER
12

MOTION for Pro Hac Vice Appearance of Attorney Andrew Johnson - filed by NAACP Delaware State Conference of Branches. (Attachments: # 1 Text of Proposed Order)(Bensing, Dwayne) (Entered: 01/31/2024)

Jan. 31, 2024

Jan. 31, 2024

PACER
13

First AMENDED COMPLAINT against All Defendants - filed by NAACP Delaware State Conference of Branches. (Attachments: # 1 Notice of Filing Amended Complaint, # 2 Exhibit Red Line to Amended Complaint, # 3 Certificate of Service)(Bensing, Dwayne) (Entered: 01/31/2024)

Jan. 31, 2024

Jan. 31, 2024

PACER

SO ORDERED

Feb. 1, 2024

Feb. 1, 2024

PACER

SO ORDERED, re 12 MOTION for Pro Hac Vice Appearance of Attorney Andrew Johnson filed by NAACP Delaware State Conference of Branches. Signed by Judge Gregory B. Williams on 2/1/24. (ntl)

Feb. 1, 2024

Feb. 1, 2024

PACER

Add Attorneys - PHV only

Feb. 2, 2024

Feb. 2, 2024

PACER

Pro Hac Vice Attorney Andrew C. Johnson for NAACP Delaware State Conference of Branches added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb)

Feb. 2, 2024

Feb. 2, 2024

PACER
14

STIPULATION TO EXTEND TIME for Defendants to Answer Plaintiffs' Amended Class Action Complaint to through and including March 6, 2024 - filed by Wilfredo Campos, City of Wilmington, Michael Purzycki. (Metzler, Sara) (Entered: 02/09/2024)

Feb. 9, 2024

Feb. 9, 2024

PACER

SO ORDERED

Feb. 13, 2024

Feb. 13, 2024

PACER

SO ORDERED, re 14 STIPULATION TO EXTEND TIME for Defendants to Answer Plaintiffs' Amended Class Action Complaint to through and including March 6, 2024 filed by Michael Purzycki, City of Wilmington, Wilfredo Campos. Signed by Judge Gregory B. Williams on 2/13/24. (ntl)

Feb. 13, 2024

Feb. 13, 2024

PACER
15

MOTION to Dismiss for Failure to State a Claim or, in the Alternative, Strike Class Certification Allegations - filed by Wilfredo Campos, City of Wilmington, Michael Purzycki. (Attachments: # 1 Text of Proposed Order)(Farnan, Kelly) (Entered: 03/06/2024)

March 6, 2024

March 6, 2024

PACER
16

OPENING BRIEF in Support re 15 MOTION to Dismiss for Failure to State a Claim or, in the Alternative, Strike Class Certification Allegations filed by Wilfredo Campos, City of Wilmington, Michael Purzycki.Answering Brief/Response due date per Local Rules is 3/20/2024. (Farnan, Kelly) (Entered: 03/06/2024)

March 6, 2024

March 6, 2024

PACER
17

Joint STIPULATION TO EXTEND TIME To Respond To Defendant's Motion To Dismiss to April 3, 2024 - filed by NAACP Delaware State Conference of Branches. (Bensing, Dwayne) (Entered: 03/11/2024)

March 11, 2024

March 11, 2024

PACER

SO ORDERED

March 12, 2024

March 12, 2024

PACER

SO ORDERED, re 17 Joint STIPULATION TO EXTEND TIME To Respond To Defendant's Motion To Dismiss to April 3, 2024 filed by NAACP Delaware State Conference of Branches. Signed by Judge Gregory B. Williams on 3/12/24. (ntl)

March 12, 2024

March 12, 2024

PACER
18

ORAL ORDER: In light of Plaintiffs' filing of the First Amended Complaint (see D.I. 13), IT IS HEREBY ORDERED that Defendants' Motion to Dismiss for Failure to State a Claim (D.I. 8) is DENIED AS MOOT. ORDERED by Judge Gregory B. Williams on 04/03/2024. (ntl) (Entered: 04/03/2024)

April 3, 2024

April 3, 2024

PACER

Order

April 3, 2024

April 3, 2024

PACER
19

RESPONSE to Motion re 15 MOTION to Dismiss for Failure to State a Claim or, in the Alternative, Strike Class Certification Allegations filed by NAACP Delaware State Conference of Branches. (Attachments: # 1 Certificate of Service)(Bensing, Dwayne) (Entered: 04/03/2024)

April 3, 2024

April 3, 2024

PACER
20

STIPULATION and Proposed Order for Extension of Time for Defendants to file a reply brief in further support of their motion to dismiss is extended through and including April 17, 2024 and that the page limits for Defendants' reply brief shall be eleven (11) pages re 15 MOTION to Dismiss for Failure to State a Claim or, in the Alternative, Strike Class Certification Allegations by Wilfredo Campos, City of Wilmington, Michael Purzycki. (Metzler, Sara) (Entered: 04/08/2024)

April 8, 2024

April 8, 2024

PACER

SO ORDERED

April 16, 2024

April 16, 2024

PACER

SO ORDERED, re 20 STIPULATION and Proposed Order for Extension of Time for Defendants to file a reply brief in further support of their motion to dismiss is extended through and including April 17, 2024 and that the page limits for Defendants' reply brief shall be eleven (11) pages filed by Michael Purzycki, City of Wilmington, Wilfredo Campos. Signed by Judge Gregory B. Williams on 4/15/24. (ntl)

April 16, 2024

April 16, 2024

PACER
21

REPLY BRIEF re 15 MOTION to Dismiss for Failure to State a Claim or, in the Alternative, Strike Class Certification Allegations filed by Wilfredo Campos, City of Wilmington, Michael Purzycki. (Farnan, Kelly) (Entered: 04/17/2024)

April 17, 2024

April 17, 2024

PACER
22

Request for Oral Argument

April 24, 2024

April 24, 2024

PACER
23

Notice re Attorney Appearance - Requesting Removal of Co-Counsel

Aug. 26, 2024

Aug. 26, 2024

PACER
24

MEMORANDUM OPINION Denying-as-Moot, Defendants Motion to Dismiss or, in the alternative, to Strike Class Action Certification Allegation at D.I. 15. Signed by Judge Gregory B. Williams on 7/14/2025. (lnb) Modified on 7/14/2025 (lnb).

July 14, 2025

July 14, 2025

RECAP
25

Order

July 14, 2025

July 14, 2025

PACER

Case Details

State / Territory: Delaware

Case Type(s):

Policing

Key Dates

Filing Date: Oct. 24, 2023

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The Delaware affiliate of the NAACP and two individuals, on behalf of persons who have suffered or will suffer Fourth and Fourteenth Amendment violations due to illegal stops, frisks, searches, arrests, and other racially discriminatory law enforcement practices by the Wilmington Police Department

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

City of Wilmington (New Castle), City

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

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

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/Misc.:

Failure to discipline

Failure to supervise

Incident/accident reporting & investigations

Pattern or Practice

Racial profiling

Search policies

Discrimination Area:

Disparate Treatment

Discrimination Basis:

Race discrimination

Affected National Origin/Ethnicity(s):

Hispanic

Affected Race(s):

Black

Policing:

Excessive force

False arrest

Traffic Stops