Case: Daniels v. City of New York

1:99-cv-01695 | U.S. District Court for the Southern District of New York

Filed Date: March 8, 1999

Closed Date: 2005

Clearinghouse coding complete

Case Summary

On March 8, 1999, a class of plaintiffs--consisting of individuals subjected to stop-and-frisks, without reasonable suspicion and on the basis of race and national origin, at the hands of the Street Crimes Unit (SCU) of the New York City Police Department (NYPD)--filed a lawsuit in the United States District Court for the Southern District of New York against the City of New York, the New York City Police Department, and several named and many John Doe police officers. (All claims against the N…

On March 8, 1999, a class of plaintiffs--consisting of individuals subjected to stop-and-frisks, without reasonable suspicion and on the basis of race and national origin, at the hands of the Street Crimes Unit (SCU) of the New York City Police Department (NYPD)--filed a lawsuit in the United States District Court for the Southern District of New York against the City of New York, the New York City Police Department, and several named and many John Doe police officers. (All claims against the NYPD were voluntarily dismissed with prejudice by a Stipulation and Order issued June 17, 1999.)

The plaintiffs, represented by various counsel--primarily including Moore & Goodman, LLP; the Center for Constitutional Rights; Debevoise & Plimpton; and Van Lierop & Burns, LLP--asked the court for damages and declaratory and injunctive relief. The plaintiffs claimed that the SCU's stop-and-frisk practice violated the Fourth and Fourteenth Amendments to the United States Constitution as without reasonable suspicion required by the former and contravening the Equal Protection Clause of the latter.

On October 20, 1999, the Court (Judge Shira A. Scheindlin) dismissed plaintiffs' Equal Protection claim for failing to identify similarly-situated white individuals who were not subjected to SCU stop-and-frisks. Plaintiffs motioned to reconsider, and the Court reinstated their Equal Protection claim, finding the allegations alone were sufficient to state the claim because the complaint alleged the NYPD's policy contained an express racial or national origin classification.

The Court, finding that plaintiffs' proposed class satisfied the class action rule and that certifying the injunctive class was appropriate, approved plaintiffs' motion for class certification January 25, 2001. After the Court denied defendants' motion for reconsideration of the class certification, defendants filed a petition for leave to appeal with the United States Courts of Appeals for the Second Circuit. The Court of Appeals initially granted defendants' petition, but it reversed itself and dismissed the appeal June 12, 2001, explaining the petition had been improvidently granted.

While the case was in progress, the NYPD disbanded the SCU. Discovery and settlement discussions proceeded, and on September 24, 2003, the parties agreed to, and the Court approved, a Stipulation of Settlement, to last until December 31, 2007, during which time the Court maintained jurisdiction to enforce compliance. Prominent among the terms of the Stipulation, the NYPD was (1) to adopt a written policy pertaining to racial or national origin profiling in compliance with the United States Constitution and New York State Constitution; (2) to undergo audits, conducted by the NYPD Quality Assurance Division and to be shared with plaintiffs' counsel, assessing whether stop-and-frisks are conducted according to NYPD regulations and whether they are based upon reasonable suspicion; and (3) to provide training and public education relating to the NYPD's racial profiling policy.

The case was reopened by order of the Court September 28, 2004, for the purpose of awarding attorneys' fees. The parties, shortly thereafter, entered into another Stipulation of Settlement, in which defendants agreed to pay plaintiffs' class counsels' fees--about $3.5 million.

The court, by an oral order given April 16, 2007, extended the term of the parties' September 2003 Stipulation. Defendants motioned the court to vacate the oral order, and the court approved defendant's motion, vacating the oral order, July 16, 2007.

Just before the order expired, the plaintiffs attempted to show violation of the court order and unconstitutional race discrimination by the NYPD. At a hearing on December 21, 2007, Judge Scheindlin directed them to instead file a new lawsuit. Two months later, two of plaintiffs' counsel filed Floyd v. City of New York, a new class action suit raising these issues.

Summary Authors

David Postel (11/11/2013)

Related Cases

Floyd v. City of New York, Southern District of New York (2008)

Ligon v. City of New York, Southern District of New York (2012)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6230241/parties/daniels-v-city-of-new-york/


Judge(s)

Cabranes, José Alberto (Connecticut)

Attorney for Plaintiff
Attorney for Defendant

Balog, Aliza Jordana (New York)

Barnett, Camille Danielle (New York)

Beath, Patrick Neil (New York)

Blessinger, Peter J. (New York)

Documents in the Clearinghouse

Documents in this case

1:99-cv-01695

CIVIL DOCKET FOR CASE #: 1:99−cv−01695−SAS−HBP

July 16, 2007

July 16, 2007

Docket
18

1:99-cv-01695

Opinion and Order

National Congress for Puerto Rican Rights v. The City of New York

Oct. 20, 1999

Oct. 20, 1999

Order/Opinion

75 F.Supp.2d 154

21

1:99-cv-01695

Memorandum Opinion and Order

National Congress for Puerto Rican Rights v. The City of New York

Dec. 14, 1999

Dec. 14, 1999

Order/Opinion

191 F.R.D. 52

35

1:99-cv-01695

Opinion and Order

National Congress for Puerto Rican Rights v. The City of New York

April 7, 2000

April 7, 2000

Order/Opinion

194 F.R.D. 88

43

1:99-cv-01695

Memorandum Opinion and Order

National Congress for Puerto Rican Rights v. The City of New York

May 8, 2000

May 8, 2000

Order/Opinion

194 F.R.D. 105

75

1:99-cv-01695

Opinion and Order

Daniels v. The City of New York

Jan. 26, 2001

Jan. 26, 2001

Order/Opinion

198 F.R.D. 409

91

1:99-cv-01695

Opinion and Order

March 8, 2001

March 8, 2001

Order/Opinion

2001 WL 228091

92

1:99-cv-01695

Opinion and Order

Daniels v. The City of New York

March 19, 2001

March 19, 2001

Order/Opinion

199 F.R.D. 513

102

1:99-cv-01695

Opinion and Order

Daniels v. The City of New York

April 12, 2001

April 12, 2001

Order/Opinion

200 F.R.D. 205

103

1:99-cv-01695

Memorandum Opinion and Order

April 12, 2001

April 12, 2001

Order/Opinion

138 F.Supp.2d 562

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6230241/daniels-v-city-of-new-york/

Last updated April 7, 2025, 12:02 p.m.

Docket for: Daniels v. City of New York
ECF Number Date Description Link
March 8, 1999

Magistrate Judge Henry B. Pitman is so Designated. (dcap) (Entered: 01/03/2000)

PACER
1 March 8, 1999

CLASS ACTION COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); FILING FEE $ 150.00 RECEIPT # 339400. (dcap) (Entered: 01/03/2000)

RECAP
2 March 8, 1999

RULE 1.9 CERTIFICATE filed by National Congress, Kelvin Daniels, Robert Roe. (dcap) (Entered: 01/03/2000)

RECAP
March 8, 1999

Magistrate Judge Henry B. Pitman is so Designated. (dcap)

3 March 11, 1999

RETURN OF SERVICE executed as to Howard Safir, N.Y.C. Police Dept. by the One Police Plaza Legal Unit on 3/8/99. Answer due on 3/29/99 for Howard Safir, for N.Y.C. Police Dept. (dcap) (Entered: 01/03/2000)

RECAP
4 March 11, 1999

RETURN OF SERVICE executed as to Rudolph Guiliani, City of New York by the Corporate Counsel on 3/8/99. Answer due on 3/29/99 for Rudolph Guiliani, for City of New York. (dcap) (Entered: 01/03/2000)

RECAP
5 March 23, 1999

Notice of reassignment to Judge Shira A. Scheindlin. Copy of notice and judge's rules mailed to Attorney(s) of record: Jonathan C. Moore, William H. Goodman, Barbara J. Olshansky, Nancy Chang. (dcap) (Entered: 01/03/2000)

RECAP
6 March 31, 1999

Memo-Endorsement on letter addressed to Judge Mukasey from Lisa S.J. Yee, dated 3/25/99. Re: reset answer due for 4/29/99 for City of New York, for N.Y.C. Police Dept., for Rudolph Guiliani, for Howard Safir . ( signed by Judge Shira A. Scheindlin ); Copies mailed. (dcap) (Entered: 01/03/2000)

RECAP
7 April 23, 1999

Memo-Endorsement on letter addressed to Judge Scheindlin from Nancy Chang, dated 4/21/99. Re: Pltff is intended to submit a First Amended Complaint by 5/14/99 and Defts must respond to the First Amended Complaint by 6/14/99 for City of New York, for N.Y.C. Police Dept., for Rudolph Guiliani, for Howard Safir . ( signed by Judge Shira A. Scheindlin ); Copies mailed. (dcap) (Entered: 01/03/2000)

RECAP
8 May 14, 1999

AMENDED COMPLAINT by National Congress, Kelvin Daniels (Answer due 6/14/99 for N.Y.C. P.O.'s 1-500, for Howard Safir, for Rudolph Guiliani, for N.Y.C. Police Dept., for City of New York) amending [1-1] complaint against Poseidon Baskin, Djibril Toure, Hector Rivera, Victor Rodriguez, Kahil Shkymba; Summons issued. (dcap) (Entered: 01/03/2000)

RECAP
9 June 17, 1999

STIPULATION AND ORDER of voluntarily dismissing all claims against deft New York City Police Department with prejudice purs to Rule 41(a)(1)(ii) of the F.R.C.P.i and the caption shall be amended to reflect this dismissal. ( signed by Judge Shira A. Scheindlin ) (dcap) (Entered: 01/03/2000)

RECAP
June 21, 1999

Pretrial Conference held before Judge Shira A. Scheindlin. (dcap)

10 July 1, 1999

Letter filed by National Congress, Kelvin Daniels, Poseidon Baskin, Djibril Toure, Hector Rivera, Victor Rodriguez, Kahil Shkymba addressed to Judge Scheindlin from Nancy Chang, dated 6/30/99, re: request that the Court adopt the provisions set forth in Paragraphs 3 and 4 of pltff's proposed Initial Scheduling Order. (dcap) (Entered: 01/03/2000)

RECAP
11 July 16, 1999

SCHEDULING ORDER: pltffs response to defts' motion to dismiss deadline 7/19/99; defts reply to response to motion deadline 8/6/99; parties shall serve document requests by 7/6/99 and responses by 8/6/99; depositions of pltffs and witnesses shall commence after 8/6/99 and Status conference by 4:30 on 9/22/99 at 500 Pearl Street Courtroom 12C. ( signed by Judge Shira A. Scheindlin ); Copies mailed. (dcap) (Entered: 01/03/2000)

RECAP
12 July 16, 1999

Memo-Endorsement on letter addressed to Judge Scheindlin from Nancy Chang, dated 7/15/99. Re: Request granted. The memorandum in response to defts' motion to dismiss is not to exceed 35 pages. The reply brief may be up to 15 pages in length . ( signed by Judge Shira A. Scheindlin ); Copies mailed. (dcap) (Entered: 01/03/2000)

RECAP
13 Aug. 9, 1999

NOTICE OF MOTION by City of New York, Rudolph Guiliani, Howard Safir, N.Y.C. P.O.'s 1-500 for an order purs. to Rule 12(b)(1) and (6) of the F.C.R.P. to dismiss or, alternatively, to stay the claims for declaratory and injunctive relief and to dismiss the claim brought under the Equal Protection Clause of the Fourteenth Amendment . Return date 7/7/99. (dcap) (Entered: 01/03/2000)

RECAP
14 Aug. 9, 1999

MEMORANDUM OF LAW by City of New York, Rudolph Guiliani, Howard Safir, N.Y.C. P.O.'s 1-500 in support of [13-1] motion for an order purs. to Rule 12(b)(1) and (6) of the F.C.R.P. to dismiss, [13-2] motion to stay the claims for declaratory and injunctive relief, [13-3] motion to dismiss the claim brought under the Equal Protection Clause of the Fourteenth Amendment. (dcap) (Entered: 01/03/2000)

RECAP
15 Aug. 9, 1999

MEMORANDUM OF LAW by National Congress, Kelvin Daniels, Poseidon Baskin, Djibril Toure, Hector Rivera, Victor Rodriguez, Kahil Shkymba in opposition to [13-1] motion for an order purs. to Rule 12(b)(1) and (6) of the F.C.R.P. to dismiss, [13-2] motion to stay the claims for declaratory and injunctive relief, [13-3] motion to dismiss the claim brought under the Equal Protection Clause of the Fourteenth Amendment. (dcap) (Entered: 01/03/2000)

RECAP
16 Aug. 9, 1999

REPLY MEMORANDUM by City of New York, Rudolph Guiliani, Howard Safir, N.Y.C. P.O.'s 1-500 in further support re: [13-1] motion for an order purs. to Rule 12(b)(1) and (6) of the F.C.R.P. to dismiss, [13-2] motion to stay the claims for declaratory and injunctive relief, [13-3] motion to dismiss the claim brought under the Equal Protection Clause of the Fourteenth Amendment. (dcap) (Entered: 01/03/2000)

RECAP
17 Aug. 10, 1999

Transcript of record of proceedings before Judge Shira A. Scheindlin for the date(s) of 6/21/99 at 5:00pm. (dcap) (Entered: 01/03/2000)

RECAP
Sept. 24, 1999

Pretrial Conference held before Judge Shira A. Scheindlin. (dcap) (Entered: 01/03/2000)

PACER
Sept. 24, 1999

Pretrial Conference held before Judge Shira A. Scheindlin. (dcap)

18 Oct. 20, 1999

MEMORANDUM OPINION # 83007, granting in part, denying in part [13-1] motion for an order purs. to Rule 12(b)(1) and (6) of the F.C.R.P. to dismiss, granting in part, denying in part [13-2] motion to stay the claims for declaratory and injunctive relief, granting in part, denying in part [13-3] motion to dismiss the claim brought under the Equal Protection Clause of the Fourteenth Amendment. For the reasons set forth, pltffs' claims for declaratory and injunctive relief will neither be dismissed nor stayed. National Congress, however, is dismissed as a pltff to this action. In addition, pltffs' Equal Protection and conspiracy claims are likewise dismissed, the former subject to leave to amend within 20 days of this Opinion and Order. A conference is scheduled for 11/1/99 at 4:30pm. ( signed by Judge Shira A. Scheindlin ); Copies mailed. (dcap) (Entered: 01/03/2000)

RECAP
Nov. 1, 1999

Pretrial Conference held before Judge Shira A. Scheindlin . (dcap)

19 Nov. 17, 1999

Transcript of record of proceedings before Judge Shira A. Scheindlin for the date(s) of 9/24/99 at 3:45pm. (dcap) (Entered: 01/03/2000)

RECAP
20 Nov. 23, 1999

Memo-Endorsement on letter addressed to Judge Scheindlin from Lisa S.J. Yee, dated 11/22/99. Re: defts request an extension of time to respond to pltffs' request for documents concerning Street Crime Unit which were provided to the United States Commission on Civil Rights is granted until 12/8/99 . ( signed by Judge Shira A. Scheindlin ); Copies mailed. (dcap) (Entered: 01/03/2000)

RECAP
Dec. 13, 1999

Pretrial Conference held before Judge Shira A. Scheindlin. (dcap) (Entered: 01/03/2000)

PACER
Dec. 13, 1999

Pretrial Conference held before Judge Shira A. Scheindlin. (dcap)

21 Dec. 14, 1999

MEMORANDUM OPINION # 83218, pltffs are seeking reconsideration of an 10/20/99 Opinion and Order dismissing their Equal Protection claim for failure to identify similarly situated non-minority individuals who were not stopped and frisked by the SCU. For the following reasons, pltff' motion is granted and their Equal Protection claim is reinstated . ( signed by Judge Shira A. Scheindlin ); Copies mailed. (dcap) (Entered: 01/03/2000)

RECAP
22 Dec. 16, 1999

Order of dismissal of Victor Rodriguez as a named pltff purs. to Rule 41(a)(2) of the F.R.C.P. and w/o prejudice to any claims Mr. Rodriguez may have as a member of the purported pltff class. The Clerk of Court is directed to amend the caption to reflect the dismissals of Victor Rodriguez and National Congress for Puerto Rican Rights as named pltffs. ( signed by Judge Shira A. Scheindlin ) (dcap) (Entered: 01/03/2000)

RECAP
23 Jan. 6, 2000

Transcript of record of proceedings before Judge Shira A. Scheindlin for the date(s) of November 1, 1999. (djc) (Entered: 01/07/2000)

RECAP
24 Jan. 7, 2000

DEMAND for jury trial by Kelvin Daniels, Poseidon Baskin, Djibril Toure, Hector Rivera, Kahil Shkymba, Raymond Ramirez, Bryan Stair, Tiara Bonner (cd) (Entered: 01/10/2000)

RECAP
25 Jan. 19, 2000

LETTER RESPONSE by Kelvin Daniels, Poseidon Baskin, Djibril Toure, Hector Rivera, Kahil Shkymba, Raymond Ramirez, Bryan Stair, Tiara Bonner Re: dft's counsel letter of Lisa Yee dated 1/10/00. (pl) (Entered: 01/21/2000)

RECAP
Jan. 27, 2000

Pretrial Conference held before Judge Shira A. Scheindlin. (sn) (Entered: 01/31/2000)

PACER
Jan. 27, 2000

Pretrial Conference held before Judge Shira A. Scheindlin. (sn)

Jan. 31, 2000

Pretrial Conference held before Judge Shira A. Scheindlin (cd) (Entered: 02/02/2000)

PACER
Jan. 31, 2000

Pretrial Conference held before Judge Shira A. Scheindlin (cd)

26 Feb. 1, 2000

Protective ORDER; regarding procedures that will govern the handling of confidential material during the course of this action ; (signed by Judge Shira A. Scheindlin ); Copies mailed. (djc) (Entered: 02/01/2000)

RECAP
27 Feb. 9, 2000

Transcript of record of proceedings before Judge Shira A. Scheindlin for the date(s) of 12/13/99. (jp) (Entered: 02/09/2000)

RECAP
28 Feb. 16, 2000

NOTICE OF MOTION (Filed on Service Date) by City of New York, Rudolph Guiliani, Howard Safir, N.Y.C. P.O.'s 1-500 for protective order ; Return date 3/3/00; attached are papers in support (cd) (Entered: 03/07/2000)

RECAP
29 March 6, 2000

MEMORANDUM OF LAW by City of New York, Rudolph Guiliani, Howard Safir, N.Y.C. P.O.'s 1-500 in support of [28-1] motion for protective order (cd) (Entered: 03/07/2000)

RECAP
30 March 6, 2000

MEMORANDUM OF LAW by City of New York, Rudolph Guiliani, Howard Safir, N.Y.C. P.O.'s 1-500 in opposition to [28-1] motion for protective order (cd) (Entered: 03/07/2000)

RECAP
31 March 6, 2000

REPLY MEMORANDUM by City of New York, Rudolph Guiliani, Howard Safir, N.Y.C. P.O.'s 1-500 re: [28-1] motion for protective order (cd) (Entered: 03/07/2000)

RECAP
32 March 7, 2000

Transcript of record of proceedings before Judge Shira A. Scheindlin for the date(s) of 1/27/00. (pl) (Entered: 03/07/2000)

RECAP
33 March 7, 2000

Transcript of record of proceedings before Judge Shira A. Scheindlin for the date(s) of 1/31/00. (pl) (Entered: 03/07/2000)

RECAP
38 March 22, 2000

NOTICE OF MOTION (filed on service date) by City of New York, Rudolph Guiliani, Howard Safir; for a protective order purs. to Rules 26(b)(3) and 26(c) of the FRCP that discovery not be had of certain documents withheld by defts on the grounds that they are protected from disclosure under the attorney-client and work product privileges ; Return date 4/19/00. Declaration of Lisa Yee in support of motion attached. (jp) (Entered: 04/18/2000)

RECAP
March 24, 2000

Pretrial Conference held before Judge Shira A. Scheindlin (ls) (Entered: 03/31/2000)

PACER
34 March 24, 2000

Letter filed by Kelvin Daniels, Poseidon Baskin, Djibril Toure, Hector Rivera, Kahil Shkymba, Raymond Ramirez, Bryan Stair, Tiara Bonner addressed to Judge Scheindlin from William Goodman, dated 3/22/00, re: the Center for Constitutional Rights decided to withdraw as counsel to the named plaintiffs and puntative class in Latino Officers Association V. City of New York, 99 Cv 9568 LAK. I write to advise the Court that by order dated 3/17/00, judge Kaplan has granted the Center's motion for leave to withdraw as counsel in that lawsuit. (ri) (Entered: 03/27/2000)

RECAP
March 24, 2000

Pretrial Conference held before Judge Shira A. Scheindlin (ls)

35 April 7, 2000

OPINION AND ORDER #83782, granting in part, denying in part [28-1] motion for protective order. Consistent with the rulings set forth herein, defts shall produce the documents, in redacted form where appropriate, corresponding to privilege log entries 6, 7, 11, 13, 46, 57, 60, 61, 62, 68, 69, 70, 76, 83 and 86, unless otherwise exempted from disclosure . ( signed by Judge Shira A. Scheindlin ); Copies mailed. (sn) (Entered: 04/10/2000)

RECAP
36 April 12, 2000

THIRD AMENDED COMPLAINT by Kelvin Daniels, Poseidon Baskin, Djibril Toure, Hector Rivera, Kahil Shkymba, Raymond Ramirez, Bryan Stair, Tiara Bonner (Answer due 4/25/00 for N.Y.C. P.O.'s 1-500, for Howard Safir, for Rudolph Guiliani, for City of New York ) amending [24-1] amended complaint against Anthony Curtin, Peter Mante, Walter Doyle; Summons issued. (jp) (Entered: 04/13/2000)

RECAP
37 April 17, 2000

REPLY MEMORANDUM by City of New York, Rudolph Guiliani, Howard Safir, N.Y.C. P.O.'s 1-500, Anthony Curtin, Peter Mante, Walter Doyle re: [28-1] motion for protective order (jp) (Entered: 04/18/2000)

RECAP
39 April 17, 2000

MEMORANDUM OF LAW by City of New York, Rudolph Guiliani, Howard Safir in support of [38-1] motion for a protective order purs. to Rules 26(b)(3) and 26(c) of the FRCP that discovery not be had of certain documents withheld by defts on the grounds that they are protected from disclosure under the attorney-client and work product privileges (jp) (Entered: 04/18/2000)

RECAP
40 April 17, 2000

MEMORANDUM OF LAW by Kelvin Daniels, Poseidon Baskin, Djibril Toure, Hector Rivera, Kahil Shkymba, Raymond Ramirez, Bryan Stair, Tiara Bonner in opposition to [38-1] motion for a protective order purs. to Rules 26(b)(3) and 26(c) of the FRCP that discovery not be had of certain documents withheld by defts on the grounds that they are protected from disclosure under the attorney-client and work product privileges (jp) (Entered: 04/18/2000)

RECAP
41 April 25, 2000

Memo-Endorsement on letter addressed to Judge Scheindlin from Lisa S.J. Yee, dated 4/21/00, reset answer to the Third Amended Complaint due for 5/15/00 for Walter Doyle, for Peter Mante, for Anthony Curtin, for N.Y.C. P.O.'s 1-500, for Howard Safir, for Rudolph Guiliani, for N.Y.C. Police Dept., for City of New York ( signed by Judge Shira A. Scheindlin ); Copies mailed. (cd) (Entered: 04/26/2000)

RECAP
42 May 3, 2000

Transcript of record of proceedings before Judge Shira A. Scheindlin for the date(s) of 03/24/00. (djc) (Entered: 05/03/2000)

RECAP
43 May 8, 2000

MEMORANDUM OPINION AND ORDER #83921; denying [38-1] motion for a protective order purs. to Rules 26(b)(3) and 26(c) of the FRCP that discovery not be had of certain documents by defts on the grounds that they are protected from disclosure under the attorney-client and work product privileges; consistent with the rulings set forth in the Memorandum Opinion, defendants shall produce the documents corresponding to privilege log entries 46,68,69,79, and 83 forthwith ; a conference to discuss the status of this case and the issues raised in Ms. Yee's letter to the court dated 5/1/00 is scheduled for Wednesday, 5/20/00 at 11:30 a.m. . ( signed by Judge Shira A. Scheindlin ); Copies mailed. (pl) (Entered: 05/09/2000)

RECAP
44 May 8, 2000

Affidavit of service of Summons, Third Amended Class Action Complt. For Declaratory And Injunctive Relief And Indivudual Damages, Individual Rules And Procedures Of Judge Shira A. Scheindlin, Pltff's Third Request For the Production Of Documents From The City, Guiliani And Safir And Pltff's First Request For Production Of Documents From Curtin Mante And Doyle, Letter Dated 4/13/00 To The Civilian Complaint Review Board, as to Peter Mante by Joe Delgado, (Authorized) on 4/21/00 and by mail on 4/24/00. Answer due on 5/11/00 for Peter Mante. (ls) (Entered: 05/09/2000)

RECAP
45 May 8, 2000

Affidavit of service as to Anthony Curtin by Ron Mercandent on 5/2/00; Answer due on 5/22/00 for Anthony Curtin. (ri) (Entered: 05/09/2000)

RECAP
46 May 8, 2000

Affidavit of service as to Walter Doyle by Sergent Harp on 4/17/00; Answer due on 5/8/00 for Walter Doyle. (ri) (Entered: 05/09/2000)

RECAP
May 10, 2000

Pretrial Conference held before Judge Shira A. Scheindlin. (sac) (Entered: 05/18/2000)

PACER
May 10, 2000

Pretrial Conference held before Judge Shira A. Scheindlin. (sac)

47 May 16, 2000

ANSWER to Third Amended Complaint by City of New York, Rudolph Guiliani, Howard Safir (Attorney Lisa S.J. Yee from the Firm: Corporation Counsel, City of NY). (sn) Modified on 05/17/2000 (Entered: 05/17/2000)

RECAP
48 May 24, 2000

ANSWER by Anthony Curtin; (Attorney Corporation Counsel for the City of N.Y.); to [36-1] third amended complaint. Firm of Corporation Counsel of City of N.Y. (pl) (Entered: 05/26/2000)

RECAP
May 26, 2000

Pretrial Conference held before Judge Shira A. Scheindlin. (sn) (Entered: 05/31/2000)

PACER
May 26, 2000

Pretrial Conference held before Judge Shira A. Scheindlin. (sn)

May 30, 2000

Pretrial Conference held before Judge Shira A. Scheindlin . (djc) (Entered: 06/01/2000)

PACER
May 30, 2000

Pretrial Conference held before Judge Shira A. Scheindlin . (djc)

49 June 12, 2000

ORDER, the caption of this action will henceforth appear in the form that appears above, as per the Third Amended Complaint ( signed by Judge Shira A. Scheindlin ); Copies mailed. (cd) (Entered: 06/14/2000)

RECAP
50 June 19, 2000

PROTECTIVE ORDER Regarding Photographic Arrays; that defendants shall produce the photograph of each officer whose name appears on roll calls produced to to plaintiffs for the three incident dates of 6/26/98, 10/31/98 and 2/2/99 and on roll calls that will be produced to plaintiffs in response to their document request served on 4/14/00 for the fourth incident of 12/28/97 as set forth in this Order ; The photographic arrays shall be treated as Confidential Material in accordance with the terms of the Protective Order, dated 1/31/00, except to the extent that those terms are inconsistent with the terms set forth herein, in which case the provisions of this order shall prevail as set forth herein ; Plaintiff's counsel shall advise defendants' counsel by letter within fourteen days of the production of the photographic arrays whether the individual plaintiffs have identified any photograph as that of an officer allegedly involved in one of the four incidents described in paragraph 1. The letter shall list by subject plaintiff the position of the individual so identified inn the photographic array and the code assigned to the particular photographic array. Within seven days of receipt of that letter, the Police Department shall provide plaintiffs' counsel with the names of individuals so identified by the subject plaintiffs, execpt for individuals who are not subject officers . ( signed by Judge Shira A. Scheindlin ); Copies mailed. (ri) (Entered: 06/20/2000)

RECAP
51 June 19, 2000

ORDER; by 6/2/00, defts will submit to the Court for in camera review unredacted CCRB files of the complaint filed by pltffs and the two individuals whose names have been redacted by defts from the CCRB complaint files produced to pltffs relating to complaints filed by pltffs. By 6/6/00, defts will produce to pltffs the following information as set forth in this document. By 6/15/00, defts will produce to pltffs: the following information as set forth in this document. The depositions of Sgt. Gloffke, Sgt. Lombardi, Lt. McClellan and Sgt. Pollack will take place on June 8,12,16 and 19, 2000 subject to any reasonable modifications in this schedule necessitated by the schedules of the deponents, and with the order of such depositions to be determined and notified in advance to pltffs by defts. On every Friday from 6/2 to 6/30/00, defts will submit to the Court for in camera review the documents on their privilege log that defts believe are privileged in light of the Court's 4/7 and 5/5/00 decisions. By 7/14/00, defts will produce to the Court for in camera review the documents on the their privilege log that defts believe may be redacted on the basis of privilege. Defts will confirm, produce and inform the Court of the following information as set forth in this Order. ( signed by Judge Shira A. Scheindlin ); Copies mailed. (sac) (Entered: 06/20/2000)

RECAP
52 June 27, 2000

Order admitting attorney pro hac vice; that William Goodman is admitted in this matter Pro Hac Vice purs. to Local Civil Rule 1.3(c) of the Southern and Eastern Districts of New York, and is permitted to argue and try this case in whole and in part as one of the counsel for pltffs. ( signed by Judge Shira A. Scheindlin ) ; Copies mailed. Original document sent to Attorney Admissions Clerk. Received $25.00 in Cashiers Office on 6/21/00, Receipt #377018. (jp) (Entered: 06/27/2000)

RECAP
July 7, 2000

Remark by Cashier's Office on copy of order admitting Ingrid U. Box Pro Hac Vice − dated 7/6/00: pd. $24 receipt #377994 on 7/7/00 (lf) (Entered: 07/10/2000)

PACER
53 July 7, 2000

Order admitting Ingrid U. Box pro hac vice, to argue and try this case in whole or in part as an attorney in the office of Michael D. Hess, Corporation Counsel of the City of NY, counsel for defts, purs. to Local Civil Rule 1.3. ( signed by Judge Shira A. Scheindlin ); Copies mailed. (Forwarded to Attorney Admissions Clerk) (sn) Modified on 07/10/2000 (Entered: 07/10/2000)

RECAP
July 7, 2000

Remark by Cashier's Office on copy of order admitting Ingrid U. Box Pro Hac Vice - dated 7/6/00: pd. $24 receipt #377994 on 7/7/00 (lf)

54 July 10, 2000

Transcript of record of proceedings before Judge Shira A. Scheindlin for the date(s) of 5/10/00. (cd) (Entered: 07/10/2000)

RECAP
55 July 10, 2000

Transcript of record of proceedings before Judge Shira A. Scheindlin for the date(s) of 5/25/00. (cd) (Entered: 07/10/2000)

RECAP
56 July 10, 2000

Transcript of record of proceedings before Judge Shira A. Scheindlin for the date(s) of 5/30/00. (cd) (Entered: 07/10/2000)

RECAP
Aug. 8, 2000

Pretrial Conference held before Judge Shira A. Scheindlin . (jp) (Entered: 08/10/2000)

PACER
Aug. 8, 2000

Pretrial Conference held before Judge Shira A. Scheindlin . (jp)

Aug. 14, 2000

Pretrial Conference held before Judge Shira A. Scheindlin . (jp) (Entered: 08/16/2000)

PACER
Aug. 14, 2000

Pretrial Conference held before Judge Shira A. Scheindlin . (jp)

Aug. 15, 2000

Pretrial Conference held before Judge Shira A. Scheindlin . (jp) (Entered: 08/17/2000)

PACER
Aug. 15, 2000

Pretrial Conference held before Judge Shira A. Scheindlin . (jp)

57 Aug. 17, 2000

ORDER; that the Protective Order dated 1/31/00 (" Protective Order"), pertaining to the treatment of confidential documents in this action, is hereby modified as set forth in this Order . ( signed by Judge Shira A. Scheindlin ); Copies mailed. (pl) (Entered: 08/17/2000)

RECAP
58 Sept. 14, 2000

PROTECTIVE ORDER REGARDING PHOTOGRAPHIC ARRAYS FOR THE 1/16/98 INCIDENT; the Protective Order regarding photographic arrays signed by the Court on 6/15/00, shall be extended to include photographic arrays produced to pltffs for the fifth incident date of 1/16/98. ( signed by Judge Shira A. Scheindlin ); Copies mailed. (sac) (Entered: 09/15/2000)

RECAP
Oct. 2, 2000

Pretrial Conference held before Judge Shira A. Scheindlin (cd) (Entered: 10/05/2000)

PACER
Oct. 2, 2000

Pretrial Conference held before Judge Shira A. Scheindlin (cd)

Oct. 11, 2000

Pretrial Conference held before Judge Shira A. Scheindlin . (jp) (Entered: 10/13/2000)

PACER
Oct. 11, 2000

Pretrial Conference held before Judge Shira A. Scheindlin . (jp)

59 Oct. 13, 2000

Transcript of record of proceedings before Judge Shira A. Scheindlin for the date(s) of 8/8/00 at 3:30 PM. (sn) (Entered: 10/16/2000)

RECAP
60 Oct. 13, 2000

Transcript of record of proceedings before Judge Shira A. Scheindlin for the date(s) of 8/14/00 2:35 PM. (sn) (Entered: 10/16/2000)

RECAP
61 Oct. 13, 2000

Transcript of record of proceedings before Judge Shira A. Scheindlin for the date(s) of 8/15/00 2:35 PM. (sn) (Entered: 10/16/2000)

RECAP
62 Oct. 18, 2000

NOTICE of attorney appearance for Peter Mante by Peter J. Blessinger. (djc) (Entered: 10/20/2000)

RECAP
63 Oct. 23, 2000

Protectivce Order Re Profiled Officer Reports; regarding procedures that will govern the handling of confidential materials ; ( signed by Judge Shira A. Scheindlin ); Copies mailed. (lf) (Entered: 10/23/2000)

RECAP
64 Oct. 30, 2000

CROSSCLAIM by Peter Mante against City of New York. (kw) (Entered: 10/31/2000)

RECAP
65 Nov. 3, 2000

NOTICE of attorney appearance for Walter Doyle by Peter J. Blessinger. (lf) (Entered: 11/06/2000)

RECAP
66 Nov. 3, 2000

ANSWER to Complaint and CROSSCLAIM by Walter Doyle (Attorney, Peter Blessinger, Firm of: Cerrone And Geoghan ) against City of New York (lf) (Entered: 11/06/2000)

RECAP
67 Nov. 16, 2000

ANSWER by City of New York to Walter Doyle's [66-2] cross claim; from the Office of the Corp Counsel by attorney Lisa S.J. Yee for cross-defendant City of New York (lam) (Entered: 11/20/2000)

RECAP
68 Nov. 16, 2000

ANSWER by City of New York to Peter Mante's [64-1] cross claim; from the Office of the Corp Counsel by attorney Lisa S.J. Yee for cross-defendant City of New York (lam) (Entered: 11/20/2000)

RECAP

Case Details

State / Territory:

New York

Case Type(s):

Policing

Special Collection(s):

Stop-and-Frisk (NY)

Key Dates

Filing Date: March 8, 1999

Closing Date: 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Individuals affected by the New York City Police Department's stop-and-frisk practice conducted without reasonable suspicion of criminal activity and in a manner discriminatory on the basis of race or national origin.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Center for Constitutional Rights (CCR)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City

The City of New York

Defendant Type(s):

Law-enforcement

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):

Equal Protection

Unreasonable search and seizure

Other Dockets:

Southern District of New York 1:99-cv-01695

U.S. Court of Appeals for the Second Circuit 01-07469

Available Documents:

Any published opinion

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Auditing

Develop anti-discrimination policy

Discrimination Prohibition

Follow recruitment, hiring, or promotion protocols

Provide antidiscrimination training

Recordkeeping

Amount Defendant Pays: $3,524,718.80

Order Duration: 2004 - 2007

Issues

General/Misc.:

Failure to discipline

Failure to supervise

Failure to train

Pattern or Practice

Racial profiling

Search policies

Discrimination Area:

Disparate Impact

Disparate Treatment

Discrimination Basis:

Language discrimination

National origin discrimination

Race discrimination

Affected National Origin/Ethnicity(s):

Hispanic

Affected Race(s):

Black

Recommended Citation