Case: Sultan v. Kelly

1:09-cv-00698 | U.S. District Court for the Eastern District of New York

Filed Date: Feb. 19, 2009

Closed Date: 2009

Clearinghouse coding complete

Case Summary

On February 19, 2009, the plaintiff, a New York resident of South Asian ethnicity, filed a lawsuit against the City of New York in the United States District Court for the Eastern District of New York, under 42 U.S.C. §1983 The plaintiff, represented by the New York Civil Liberties Union, asked the court for a declaratory judgment that the City of New York's policing practices violated the Equal Protection Clause, and for injunctive relief mandating training, supervision, and monitoring to ens…

On February 19, 2009, the plaintiff, a New York resident of South Asian ethnicity, filed a lawsuit against the City of New York in the United States District Court for the Eastern District of New York, under 42 U.S.C. §1983 The plaintiff, represented by the New York Civil Liberties Union, asked the court for a declaratory judgment that the City of New York's policing practices violated the Equal Protection Clause, and for injunctive relief mandating training, supervision, and monitoring to ensure that people are selected for searches without bias.

Specifically, the plaintiff claimed that in 2005 the City of New York established a subway-bag search program that encouraged racial profiling by officers, because officers do not need to report any demographic data on selected persons, and because allegedly officers have total discretion to set what fraction of passengers they search and may change that number at will. The plaintiff claimed that officers selected him twenty-one times over three years, a very disproportionate number. Officers stopped his partner, who is white, only once during the same three-year period. He alleged that this was based on his race, pointing out that officers stopped him in his work scrubs, in a suit, and while he was wearing casual clothing.

The complaint explained that the plaintiff had reported these searches to the Civilian Complaint Review Board ("CCRB") eight times, but nothing was done to address his complaints. On May 20, 2009, the Court entered an order of dismissal after the parties reached a settlement.

On June 30, 2009, the Court entered the stipulation and order of settlement. The settlement stipulated that the City of New York would pay the plaintiff $10,000, plus $15,000 in attorneys' fees/expenses. In return, he agreed to dismiss his claims and release the defendants from any liability resulting from the events alleged in the complaint.

Summary Authors

Nick Kabat (3/17/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/12323081/parties/sultan-v-kelly/


Judge(s)

Dearie, Raymond Joseph (New York)

Reyes, Ramon E. Jr. (New York)

Attorney for Plaintiff

Dunn, Christopher (New York)

Attorney for Defendant

Cardozo, Michael A. (New York)

Hazan, David M. (New York)

Judge(s)

Dearie, Raymond Joseph (New York)

Reyes, Ramon E. Jr. (New York)

Attorney for Plaintiff

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Documents in the Clearinghouse

Document

1:09-cv-00698

Docket [PACER]

June 30, 2009

June 30, 2009

Docket
1

1:09-cv-00698

Complaint

Feb. 19, 2009

Feb. 19, 2009

Complaint
16

1:09-cv-00698

Stipulation and Order of Settlement And Discontinuance

June 29, 2009

June 29, 2009

Order/Opinion

2009 WL 2009

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/12323081/sultan-v-kelly/

Last updated Feb. 6, 2024, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Raymond Kelly, The City of New York $ 350, filed by Jangir Sultan. (Attachments: # 1 Civil Cover Sheet) (Davis, Kimberly) (Entered: 02/20/2009)

Feb. 19, 2009

Feb. 19, 2009

Clearinghouse

Summons Issued as to Raymond Kelly, The City of New York. (Davis, Kimberly)

Feb. 19, 2009

Feb. 19, 2009

PACER
2

SUMMONS Returned Executed by Jangir Sultan. Raymond Kelly served on 2/19/2009, answer due 3/11/2009. (Dunn, Christopher) (Entered: 02/23/2009)

Feb. 23, 2009

Feb. 23, 2009

PACER
3

SUMMONS Returned Executed by Jangir Sultan. The City of New York served on 2/19/2009, answer due 3/11/2009. (Dunn, Christopher) (Entered: 02/23/2009)

Feb. 23, 2009

Feb. 23, 2009

PACER
4

Letter MOTION for Limited Admission of law students by Jangir Sultan. (Dunn, Christopher) (Entered: 03/04/2009)

March 4, 2009

March 4, 2009

PACER
5

ORDER granting 4 Motion for Limited Admission of law students.So Ordered by Magistrate Judge Ramon E. Reyes, Jr on 3/4/2009. (Vertus, Miriam) (Vertus, Miriam). (Entered: 03/05/2009)

March 5, 2009

March 5, 2009

PACER
6

MOTION for Extension of Time to File Answer re 1 Complaint by Raymond Kelly, The City of New York. (Hazan, David) (Entered: 03/10/2009)

March 10, 2009

March 10, 2009

PACER

ORDER granting 6 MOTION for extension of time to file answer re 1 complaint until April 10, 2009. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 3/12/2009. (Rivera, Marta)

March 12, 2009

March 12, 2009

PACER
7

Letter to the Honorable Raymond J. Dearie requesting that the Court schedule a pre-motion conference so that defendants may move to dismiss the complaint in lieu of Answer pursuant to Federal Rule of Civil Procedure 12(b)(6) by Raymond Kelly, The City of New York (Hazan, David) (Entered: 04/09/2009)

April 9, 2009

April 9, 2009

PACER
8

Letter in response to defendants' request for pre-motion conference and stay of discovery by Jangir Sultan (Dunn, Christopher) (Entered: 04/09/2009)

April 9, 2009

April 9, 2009

PACER
9

Letter to the Honorable Raymond J. Dearie and the Honorable Ramon E. Reyes responding to defendant's request for a pre-motion conference for a motion to dismiss and opposing defendant's request for a stay of discovery by Jangir Sultan (Dunn, Christopher) (Entered: 04/16/2009)

April 16, 2009

April 16, 2009

PACER
10

SCHEDULING ORDER: A pre-motion conference has been scheduled for 5/20/09 at 11:30 AM before Judge Dearie in Courtroom 10A-S. Ordered by Chief Judge Raymond J. Dearie on 4/30/2009. (Chee, Alvin) (Entered: 05/01/2009)

May 1, 2009

May 1, 2009

PACER
11

MOTION to Adjourn Conference by Jangir Sultan. (Dunn, Christopher) (Entered: 05/19/2009)

May 19, 2009

May 19, 2009

PACER
12

ORDER OF DISMISSAL: It having been reported to the Court by counsel that the action has been settled, this case is hereby dismissed without costs, and without prejudice to the right to reopen the action within 30 days if the settlement is not consummated. Ordered by Chief Judge Raymond J. Dearie on 5/20/2009. (Chee, Alvin) (Entered: 05/20/2009)

May 20, 2009

May 20, 2009

PACER
13

MOTION for Extension of Time to File a request to reopen this action if the settlement is not consumated by The City of New York. (Hazan, David) (Entered: 06/22/2009)

June 22, 2009

June 22, 2009

PACER
14

ORDER granting 13 Motion for Extension of Time: Application granted extending time until 6/29/09 for the parties to reopen the action if the settlement is not consummated. Ordered by Chief Judge Raymond J. Dearie on 6/23/2009. (Chee, Alvin) (Entered: 06/23/2009)

June 23, 2009

June 23, 2009

PACER
15

SETTLEMENT AGREEMENT by Raymond Kelly, The City of New York (Hazan, David) (Entered: 06/29/2009)

June 29, 2009

June 29, 2009

PACER
16

STIPULATION AND ORDER OF SETTLEMENT AND DISCONTINUANCE: Action is hereby dismissed with prejudice. Ordered by Chief Judge Raymond J. Dearie on 6/30/2009. (Chee, Alvin) (Entered: 06/30/2009)

June 30, 2009

June 30, 2009

PACER

Case Details

State / Territory: New York

Case Type(s):

Policing

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 19, 2009

Closing Date: 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

New York resident of South-Asian ethnicity.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of New York (New York, Kings), City

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Unreasonable search and seizure

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 25,000

Issues

General:

Racial profiling

Search policies

Terrorism/Post 9-11 issues

Discrimination-area:

Disparate Treatment

Discrimination-basis:

National origin discrimination

National Origin/Ethnicity:

Arab/Afgani/Middle Eastern

Indian