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August 31, 2011 Order in Floyd, et al. v. City of New York, et al.

August 31, 2011 Order in Floyd, et al. v. City of New York, et al.

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Published by Kelly Virella
In this court order, Judge Shira A. Scheindlin denies the city of New York's request to dismiss most of the claims in the stop-and-frisk lawsuit, saying that a jury trial is warranted.
In this court order, Judge Shira A. Scheindlin denies the city of New York's request to dismiss most of the claims in the stop-and-frisk lawsuit, saying that a jury trial is warranted.

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Published by: Kelly Virella on Sep 01, 2011
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08/13/2013

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UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF
NEW
YORK
-----------------------------------------------------
)(
DAVID FLOYD, LALIT CLARKSON,DEON DENNIS, and DAVID OURLICHT,on behalf
of
themselves and all otherssimilarly situated, OPINION AND ORDERPlaintiffs, 08 Civ. 1034 (SAS)
-
against-
THE CITY OF NEW YORK,
et al.,
Defendants.
-----------------------------------------------------
)(
SHIRA A. SCHEINDLIN, U.S.D.J.:
I.
INTRODUCTION
Plaintiffs David Floyd, Lalit Clarkson, Deon Dennis, and DavidOurlicht bring this putative class action against the City
of
New York, PoliceCommissioner Raymond Kelly, Mayor Michael Bloomberg, and named andunnamed New York City Police Officers ("Defendants"), alleging that defendantshave implemented and sanctioned a policy, practice, and/or custom
of
unconstitutional stops and frisks by the New York Police Department ("NYPD")on the basis
of
race and/or national origin,
in
violation
of
Section 1983
of
titleforty-two
of
the United States Code, the Fourth and Fourteenth Amendments to the
1
Case 1:08-cv-01034-SAS -HBP Document 153 Filed 08/31/11 Page 1 of 86
 
United States Constitution, Title VI of the Civil Rights Act of 1964, and the
1
Constitution and laws of the State of New York. Plaintiffs seek equitable relief in
2
the form of (1) a declaration that defendants’ policies, practices, and/or customsviolate the Fourth and Fourteenth Amendments, and (2) a class-wide injunctionenjoining defendants from continuing such policies, practices, and/or customs.
3
Additionally, the named plaintiffs seek compensatory and punitive damages for themselves. Defendants now move for summary judgment on certain of the
4
claims of plaintiffs Floyd and Ourlicht, as well as on the claims of all plaintiffsagainst the City of New York, Mayor Michael Bloomberg, and Commissioner Raymond Kelly.
5
This case presents an issue of great public concern. Writ large, thatissue is the disproportionate number of African-Americans and Latinos who become entangled in our criminal justice system, as compared to Caucasians. The42 U.S.C. § 2000(d),
et seq
.
1
See
Second Amended Complaint (“Compl.”) ¶¶ 2, 3.
2
See
 
id.
¶ 7.
3
See
 
id.
4
See
Defendants’ Memorandum of Law in Support of Their Motion for 
5
Summary Judgment (“Def. Mem.”) at 1. Defendants have not moved on theremaining five incidents in which plaintiffs allege unlawful stops and frisks, buthave reserved their right to do so at a later time.2
Case 1:08-cv-01034-SAS -HBP Document 153 Filed 08/31/11 Page 2 of 86
 
specific claims raised in this case are narrower – that there is a widespread patternand practice of suspicionless and race-based stops and frisks by the NYPD. Nonetheless, these claims are raised in the larger context of the historicallyracialized nature of criminal justice in this country, and the extensivelydocumented racial disparities in the rates of stops, arrests, convictions, sentences,and executions that continue through the present day.Relatedly, racial profiling – that is, stopping an individual on the basisof his race rather than on the basis of reasonable suspicion – has become a topic of significant debate over the past fifteen years. While it is generally accepted thatracial profiling is wrong and prohibited by the United States Constitution, how toend the practice is a more difficult and delicate question.Since the mid-1990s, New York City has experienced a precipitousdecline in crime rates. The reasons for this decline are not clear. Some claim that
6
it results from innovative policing policies influenced by the “broken windows”theory of crime control, beginning under Mayor Rudolph Giuliani and Police
See
1999 Office of the Attorney General Report (“AG Report”), Ex.
6
117 to Declaration of Darius Charney, Plaintiffs’ Counsel (“Charney Decl.”), at 46;Defendants’ Statement of Undisputed Facts Pursuant to Local Rule 56.1 (“Def.56.1”) ¶¶ 96-98 (noting that in 1995, murder rates decreased 33.9 percent from the previous year, from 1,181 to 1,582; that in 2009, there were 471 murders, thelowest level since 1964; and that since 2003, crime has dropped approximately 76 percent).3
Case 1:08-cv-01034-SAS -HBP Document 153 Filed 08/31/11 Page 3 of 86

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