Case: Urban Justice Center Safety Net Project v. City of New York

1:24-cv-08221 | U.S. District Court for the Southern District of New York

Filed Date: Oct. 29, 2024

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case alleging that New York City’s “homeless sweeps” violate the Fourth and Fourteenth Amendments to the United States Constitution. On October 29, 2024, a group of homeless individuals in New York City and the Urban Justice Safety Net Project filed a class action complaint challenging the City’s use of sweeps, also referred to as cleanups, against homeless individuals. The plaintiffs were homeless New Yorkers who have been subjected to homeless sweeps and are at imminent risk of bein…

This is a case alleging that New York City’s “homeless sweeps” violate the Fourth and Fourteenth Amendments to the United States Constitution. On October 29, 2024, a group of homeless individuals in New York City and the Urban Justice Safety Net Project filed a class action complaint challenging the City’s use of sweeps, also referred to as cleanups, against homeless individuals. The plaintiffs were homeless New Yorkers who have been subjected to homeless sweeps and are at imminent risk of being subjected to homeless sweeps in the immediate future. The plaintiffs allege that the sweeps operations do not connect homeless New Yorkers with important social services and that the city’s conduct at sweeps is not rationally connected to its stated goals of clearing structures and addressing sanitation conditions. The plaintiffs argued that the City’s homeless sweeps have violated the Fourth and Fourteenth Amendments to the United States Constitution, as well as Article XVII of the New York State Constitution, and the laws of the City and State of New York. 

The lawsuit sought to certify as a class action case for two categories. First, the Property Class: Every homeless person who has had and/or will have their personal belongings seized and/or destroyed by the City of New York during a cleanup of a homeless hotspot, popup, or encampment. Second, the Forced Relocation Class: Every homeless person who has been and/or will be forced to leave the place where they reside by the City of New York due to the City’s policy and practice regarding a cleanup of a homeless hotspot, popup, or encampment.

On October 30, 2024, the case was assigned to Judge John G. Koeltl. On the same day, Magistrate Judge Katharine H. Parker was also assigned to the case.

As of November 24, 2024, this case is ongoing.

Summary Authors

Cara Claflin (11/30/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69321736/parties/urban-justice-center-safety-net-project-v-city-of-new-york/


Judge(s)

Koeltl, John George (New York)

Attorney for Plaintiff

Dias, Marika (New York)

Droubi, Luna (New York)

Druce, Natalie (New York)

Hegde, Siya Upendra (New York)

show all people

Documents in the Clearinghouse

Document
1

1:24-cv-08221

Class Action Complaint and Demand for Jury Trial

Urban Justice Center v. City of New York

Oct. 29, 2024

Oct. 29, 2024

Complaint
71

1:24-cv-08221

Order

Urban Justice Center v. City of New York

Dec. 31, 2024

Dec. 31, 2024

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69321736/urban-justice-center-safety-net-project-v-city-of-new-york/

Last updated Jan. 7, 2025, 10:13 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Eric Adams, Joslyn Carter, Marie Therese Dominguez, Thomas G Donlon, Sue Donoghue, John and Jane Does 1-20, Andrew Kimball, New York City Economic Development Corporation, Molly Wasow Park, Ydanis Rodriguez, THE CITY OF NEW YORK. (Filing Fee $ 405.00, Receipt Number BNYSDC-30111651)Document filed by Damian Voorhees, Gerald Bethel, Urban Justice Center Safety Net Project, Eduardo Ventura, Trese Chapman, Individually and on behalf of all other similarly situated persons, Antonia Hayes, Bethany Hine..(Stephan, Keegan) (Entered: 10/29/2024)

Oct. 29, 2024

Oct. 29, 2024

Clearinghouse
2

NOTICE OF APPEARANCE by Natalie Druce on behalf of Urban Justice Center Safety Net Project, Gerald Bethel, Trese Chapman, Antonia Hayes, Bethany Hine, Eduardo Ventura, Damian Voorhees, Individually and on behalf of all other similarly situated persons..(Druce, Natalie) (Entered: 10/29/2024)

Oct. 29, 2024

Oct. 29, 2024

PACER
3

NOTICE OF APPEARANCE by Siya Upendra Hegde on behalf of Urban Justice Center Safety Net Project, Gerald Bethel, Trese Chapman, Antonia Hayes, Bethany Hine, Eduardo Ventura, Damian Voorhees, Individually and on behalf of all other similarly situated persons..(Hegde, Siya) (Entered: 10/29/2024)

Oct. 29, 2024

Oct. 29, 2024

PACER
4

NOTICE OF APPEARANCE by Marika Dias on behalf of Urban Justice Center Safety Net Project, Gerald Bethel, Trese Chapman, Antonia Hayes, Bethany Hine, Eduardo Ventura, Damian Voorhees, Individually and on behalf of all other similarly situated persons..(Dias, Marika) (Entered: 10/29/2024)

Oct. 29, 2024

Oct. 29, 2024

PACER

Notice to Attorney to Submit/File Civil Cover Sheet

Oct. 30, 2024

Oct. 30, 2024

PACER

Notice to Attorney Regarding Removal of Party

Oct. 30, 2024

Oct. 30, 2024

PACER

Notice to Attorney Regarding Case Opening Statistical Error Correction

Oct. 30, 2024

Oct. 30, 2024

PACER

Notice to Attorney Regarding Party Modification

Oct. 30, 2024

Oct. 30, 2024

PACER

Case Opening Initial Assignment Notice

Oct. 30, 2024

Oct. 30, 2024

PACER

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John G. Koeltl. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc)

Oct. 30, 2024

Oct. 30, 2024

PACER

Magistrate Judge Katharine H. Parker is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc)

Oct. 30, 2024

Oct. 30, 2024

PACER

Case Designated ECF. (pc)

Oct. 30, 2024

Oct. 30, 2024

PACER

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Keegan Stephan. The party information for the following party/parties has been modified: THE CITY OF NEW YORK, Mayor Eric Adams, Commissioner Jessica Tisch, Antonia Hayes, Bethany Hine, Damian Voorhees, Gerald Bethel, Urban Justice Center Safety Net Project, Eduardo Ventura, Trese Chapman. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party name was entered in all caps; party text was omitted;. (pc)

Oct. 30, 2024

Oct. 30, 2024

PACER

***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Keegan Stephan. The following case opening statistical information was erroneously selected/entered: Cause of Action code 42:1981;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1331;. (pc)

Oct. 30, 2024

Oct. 30, 2024

PACER

***NOTICE TO ATTORNEY REGARDING REMOVAL OF PARTY. Notice to attorney Keegan Stephan. The following party/parties has been removed from this case: Individually and on behalf of all other similarly situated persons. The party was added to the case in error. (pc)

Oct. 30, 2024

Oct. 30, 2024

PACER

***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Keegan Stephan. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (pc)

Oct. 30, 2024

Oct. 30, 2024

PACER
5

CIVIL COVER SHEET filed..(Stephan, Keegan) (Entered: 10/30/2024)

Oct. 30, 2024

Oct. 30, 2024

RECAP
6

NOTICE OF APPEARANCE by Luna Droubi on behalf of Urban Justice Center Safety Net Project, Gerald Bethel, Trese Chapman, Antonia Hayes, Bethany Hine, Eduardo Ventura, Damian Voorhees..(Droubi, Luna) (Entered: 10/30/2024)

Oct. 30, 2024

Oct. 30, 2024

PACER
7

REQUEST FOR ISSUANCE OF SUMMONS as to The City of New York, re: 1 Complaint,,. Document filed by Urban Justice Center Safety Net Project, Gerald Bethel, Trese Chapman, Antonia Hayes, Bethany Hine, Eduardo Ventura, Damian Voorhees..(Stephan, Keegan) (Entered: 10/30/2024)

Oct. 30, 2024

Oct. 30, 2024

RECAP

Notice to Attorney Regarding Deficient Request for Issuance of Summons

Oct. 31, 2024

Oct. 31, 2024

PACER
8

Request for Issuance of Summons

Nov. 4, 2024

Nov. 4, 2024

PACER
9

Request for Issuance of Summons

Nov. 4, 2024

Nov. 4, 2024

PACER
10

Request for Issuance of Summons

Nov. 4, 2024

Nov. 4, 2024

PACER
11

Request for Issuance of Summons

Nov. 4, 2024

Nov. 4, 2024

PACER
12

Request for Issuance of Summons

Nov. 4, 2024

Nov. 4, 2024

PACER
13

Request for Issuance of Summons

Nov. 4, 2024

Nov. 4, 2024

PACER
14

Request for Issuance of Summons

Nov. 4, 2024

Nov. 4, 2024

PACER
15

Request for Issuance of Summons

Nov. 4, 2024

Nov. 4, 2024

PACER
16

Request for Issuance of Summons

Nov. 4, 2024

Nov. 4, 2024

PACER
17

Request for Issuance of Summons

Nov. 4, 2024

Nov. 4, 2024

PACER
18

Request for Issuance of Summons

Nov. 4, 2024

Nov. 4, 2024

PACER

~Util - Set Hearings

Nov. 4, 2024

Nov. 4, 2024

PACER

Notice to Attorney Regarding Deficient Request for Issuance of Summons

Nov. 6, 2024

Nov. 6, 2024

PACER
19

Request for Issuance of Summons

Nov. 15, 2024

Nov. 15, 2024

PACER
20

Request for Issuance of Summons

Nov. 15, 2024

Nov. 15, 2024

PACER
21

Request for Issuance of Summons

Nov. 15, 2024

Nov. 15, 2024

PACER
22

Request for Issuance of Summons

Nov. 15, 2024

Nov. 15, 2024

PACER
23

Request for Issuance of Summons

Nov. 15, 2024

Nov. 15, 2024

PACER
24

Request for Issuance of Summons

Nov. 15, 2024

Nov. 15, 2024

PACER
25

Request for Issuance of Summons

Nov. 15, 2024

Nov. 15, 2024

PACER
26

Request for Issuance of Summons

Nov. 15, 2024

Nov. 15, 2024

PACER
27

Request for Issuance of Summons

Nov. 15, 2024

Nov. 15, 2024

PACER
28

Request for Issuance of Summons

Nov. 15, 2024

Nov. 15, 2024

PACER
29

Request for Issuance of Summons

Nov. 15, 2024

Nov. 15, 2024

PACER
30

Summons Issued

Nov. 18, 2024

Nov. 18, 2024

PACER
31

Summons Issued

Nov. 18, 2024

Nov. 18, 2024

PACER
32

Summons Issued

Nov. 18, 2024

Nov. 18, 2024

PACER
33

Summons Issued

Nov. 18, 2024

Nov. 18, 2024

PACER
34

Summons Issued

Nov. 18, 2024

Nov. 18, 2024

PACER
35

Summons Issued

Nov. 18, 2024

Nov. 18, 2024

PACER
36

Summons Issued

Nov. 18, 2024

Nov. 18, 2024

PACER
37

Summons Issued

Nov. 18, 2024

Nov. 18, 2024

PACER
38

Summons Issued

Nov. 18, 2024

Nov. 18, 2024

PACER
39

Summons Issued

Nov. 18, 2024

Nov. 18, 2024

PACER
40

Affidavit of Service Complaints

Nov. 18, 2024

Nov. 18, 2024

PACER
41

Affidavit of Service Complaints

Nov. 18, 2024

Nov. 18, 2024

PACER
42

Affidavit of Service Complaints

Nov. 26, 2024

Nov. 26, 2024

PACER
43

Affidavit of Service Complaints

Nov. 26, 2024

Nov. 26, 2024

PACER
44

Affidavit of Service Complaints

Nov. 26, 2024

Nov. 26, 2024

PACER
45

Affidavit of Service Complaints

Nov. 26, 2024

Nov. 26, 2024

PACER
46

Affidavit of Service Complaints

Nov. 26, 2024

Nov. 26, 2024

PACER
47

Affidavit of Service Complaints

Nov. 26, 2024

Nov. 26, 2024

PACER
48

Acknowledgment of Service Complaints

Nov. 26, 2024

Nov. 26, 2024

PACER
49

Notice of Appearance

Nov. 27, 2024

Nov. 27, 2024

PACER
50

Extension of Time

Dec. 4, 2024

Dec. 4, 2024

PACER
51

Order on Motion for Extension of Time

Dec. 5, 2024

Dec. 5, 2024

PACER
52

Request for Issuance of Summons

Dec. 9, 2024

Dec. 9, 2024

PACER

Notice to Attorney Regarding Deficient Request for Issuance of Summons

Dec. 10, 2024

Dec. 10, 2024

PACER
53

Request for Issuance of Amended Summons

Dec. 11, 2024

Dec. 11, 2024

PACER
54

Summons Issued

Dec. 12, 2024

Dec. 12, 2024

PACER
55

Waiver of Service Unexecuted

Dec. 16, 2024

Dec. 16, 2024

PACER
56

Waiver of Service Unexecuted

Dec. 16, 2024

Dec. 16, 2024

PACER
57

Waiver of Service Executed

Dec. 18, 2024

Dec. 18, 2024

PACER
58

Waiver of Service Executed

Dec. 18, 2024

Dec. 18, 2024

PACER
59

Preliminary Injunction AND Temporary Restraining Order

Dec. 23, 2024

Dec. 23, 2024

PACER
60

Memorandum of Law in Support of Motion

Dec. 23, 2024

Dec. 23, 2024

PACER
61

Declaration in Support of Motion

Dec. 23, 2024

Dec. 23, 2024

PACER
62

Letter

Dec. 23, 2024

Dec. 23, 2024

PACER
66

ORDER The plaintiffs are directed to provide the Court with two courtesy copies of the Complaint and all the papers in support of the Proposed Order to Show Cause for a temporary restraining order and preliminary injunction, including copies of al l declarations, by 10:00 a.m. on December 26, 2024. The same papers should be delivered to the defendants at the same time, whether by email or hard copy, at such counsel's request. The Court will hold a conference on the application on Decemb er 27, 2024, at 3:00 p.m. in Courtroom 14A, United States Courthouse, 500 Pearl Street, New York, NY 10007. SO ORDERED. (Signed by Judge John G. Koeltl on 12/23/2024) (Status Conference set for 12/27/2024 at 03:00 PM in Courtroom 14A, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl.) (ar)

Dec. 23, 2024

Dec. 23, 2024

RECAP
63

Letter

Dec. 24, 2024

Dec. 24, 2024

PACER
64

Notice of Appearance

Dec. 24, 2024

Dec. 24, 2024

PACER
65

Notice of Appearance

Dec. 24, 2024

Dec. 24, 2024

PACER
67

ORDER The Court scheduled a conference for Friday, December 27, 2024 at 3:00 p.m. on the application for a temporary restraining order to determine the parties positions on issues such as scheduling and the submission of any opposition. The Court did not schedule an evidentiary hearing for that date. SO ORDERED. (Signed by Judge John G. Koeltl on 12/24/2024) (ar)

Dec. 26, 2024

Dec. 26, 2024

RECAP
68

Letter

Dec. 26, 2024

Dec. 26, 2024

PACER
69

Proposed Stipulation and Order

Dec. 30, 2024

Dec. 30, 2024

PACER
70

Letter

Dec. 30, 2024

Dec. 30, 2024

PACER

Show Cause Hearing

Dec. 30, 2024

Dec. 30, 2024

PACER
71

ORDER: The City Defendants shall comply with the Encampment Cleanup and Voucher Procedure, which is attached as Exhibit 1, and any changes to it set forth in this Order. However, to the extent Plaintiffs-believe that the City Defendants have not complied with the Encampment Cleanup and Voucher Procedure or this Order, Plaintiffs shall provide the City Defendants with notice of any such allegations, including the time, date, and location of the alleged noncompliance, and agree to meet and confer with the City Defendants' counsel in good faith to resolve any proposed contempt motion within three business days of such notice to the City Defendants before seeking any relief from the Court. This Order will expire four months from the date it is so-ordered, or when modified by a subsequent Order by this Court, whichever is sooner. The City Defendants will submit their opposition to Plaintiffs' motion for a preliminary injunction on or before January 24, 2025. On or before January 28, 2025, Plaintiffs and the City Defendants will submit a status report to the Court on the nature and timing of any reply brief and hearing and further set forth in this Order. ( Responses due by 1/24/2025) (Signed by Judge John G. Koeltl on 12/30/2024) (rro)

Dec. 31, 2024

Dec. 31, 2024

Clearinghouse
72

ORDER re: 71 Order, Set Deadlines/Hearings. The Court has signed the parties' Stipulation. The parties should advise the Court by January 6, 2025, whether they believe that the assistance of the Court for purposes of reaching a resolution of this action would be useful. If so, the Court will ask a colleague to conduct such discussions. (Signed by Judge John G. Koeltl on 12/31/2024) (jjc)

Dec. 31, 2024

Dec. 31, 2024

RECAP
73

Letter

Jan. 6, 2025

Jan. 6, 2025

PACER
74

Letter

Jan. 6, 2025

Jan. 6, 2025

PACER
75

Memo Endorsement

Jan. 7, 2025

Jan. 7, 2025

PACER

Case Details

State / Territory: New York

Case Type(s):

Public Housing

Key Dates

Filing Date: Oct. 29, 2024

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Homeless New Yorkers who have been subjected to numerous homeless sweeps and are at imminent risk of being subjected to additional homeless sweeps in the immediate future.

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

City of New York, City

Eric Adams, City

Joslyn Carter, City

Molly Wasow Park, City

Jessica Tisch, City

Thomas G. Donlon, City

Sue Donoghue, City

Ydanis Rodriguez, City

Marie Therese Dom, State

New York City Economic Development Corporation, City

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Unreasonable search and seizure

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.:

Housing

Sanitation / living conditions