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Case Name Floyd v. City of New York PN-NY-0009
Docket / Court 1:08-cv-01034-SAS-HBP ( S.D.N.Y. )
State/Territory New York
Case Type(s) Policing
Special Collection Stop-and-Frisk (NY)
Attorney Organization Center for Constitutional Rights
Case Summary
This is one of four ongoing cases challenging the constitutionality of the New York Police Department's "Stop and Frisk" program. See: Ligon v. City of New York (PN-NY-0014); Daniels v. City of New York ( ... read more >
This is one of four ongoing cases challenging the constitutionality of the New York Police Department's "Stop and Frisk" program. See: Ligon v. City of New York (PN-NY-0014); Daniels v. City of New York (PN-NY-0010); and Davis v. City of New York (PN-NY-0013).

On January 31, 2008, four African-American men who had been stopped and frisked in the City of New York brought this class action § 1983 suit against the City in the U.S. District Court for the Southern District of New York. The plaintiffs, represented by the Center for Constitutional Rights ("CCR") and private counsel, asked the court for declaratory, injunctive, and monetary relief, claiming that the City had engaged in unconstitutional racial profiling. Specifically, the plaintiffs claimed that the City had implemented and was continuing to enforce, encourage and sanction a policy and practice of unconstitutional "stop and frisks" by the New York Police Department ("NYPD"), targeting black and Latino residents without the reasonable articulable suspicion required by the Fourth Amendment.

The CCR previously litigated the same issue in Daniels v. City of New York, No. 1:99-cv-01695 (PN-NY-0010), eventually reaching a settlement agreement with the City in 2003 that required the NYPD to establish a written policy against racial profiling and to submit data on its stop-and-frisks quarterly to the CCR until 2007. When the CCR came to the conclusion that the data demonstrated a continued unconstitutional use of race in deciding whom to stop and frisk, it filed this action.

On the same day that the complaint was filed, the Court (Judge Shira A. Scheindlin) granted an expedited motion by the plaintiffs to retain documentation that the City had produced as defendant in Daniels and that they still held.

On June 2, 2008, the plaintiffs filed a motion to compel discovery of other City documents with information on stop-and-frisks, including documents that plaintiffs had returned to the City under the terms of the Daniels settlement. The Court (Judge Scheindlin) granted the motion on September 10, compelling the disclosure of all documentation desired by the plaintiffs except for the names or individuals stopped by the police and the names of reporting or reviewing officers. Floyd v. City of N.Y., No. 1:08-cv-01034, 2008 WL 4179210, 2008 U.S. Dist. LEXIS 68798 (S.D.N.Y. Sept. 10, 2008).

Discovery disputes continued over the course of the next three years. On May 21, 2009, the City requested sanctions against one of the plaintiffs for spoliation and perjury, and on March 15, 2010, the plaintiffs moved for sanctions against the defendants for failing to comply with the Court's discovery orders. (No resolution to the City's request appears on the docket, and the plaintiffs withdrew their motion for sanctions without prejudice to renewal on June 24.) On June 25, 2010, the Court (Judge Scheindlin) ordered the City to continue making disclosures on ongoing Internal Affairs Bureau investigations of claims of racial quotas being used by the NYPD. Floyd v. City of N.Y., 739 F. Supp. 2d 376 (S.D.N.Y. 2010).

On February 24, 2011, the City moved for summary judgment, and on August 31 the Court (Judge Scheindlin) granted in part and denied in part the City's motion. Floyd v. City of N.Y., 813 F. Supp. 2d 417 (S.D.N.Y. 2011). It held that the City was entitled to summary judgment on the individual claims of plaintiff Floyd, but that it was not so entitled on the claims of the other plaintiffs or on the class claims of racial profiling under Title VI and the Fourth and Fourteenth Amendments. The plaintiffs moved for reconsideration, and on November 23, 2011, the Court (Judge Scheindlin) found that new evidence presented by plaintiffs created a dispute of fact that called into question the reasonableness of the NYPD's stop-and-frisk of plaintiff Floyd, and thus reinstated Floyd's individual claims. Floyd v. City of N.Y., 813 F.Supp.2d 457 (S.D.N.Y. 2011).

Discovery disputes continued, and the City moved to exclude the testimony of Columbia professor Jeffrey Fagan. The Court for the most part denied the City's motion on April 16, 2012, admitting Fagan's disparate treatment analysis, much of his reasonable suspicion analysis, a modified version of his classification system, and his opinion regarding the results of the NYPD's stop-and-frisk policy. Floyd v. City of N.Y., No. 1:08-cv-01034, 2012 WL 1344514, 2012 U.S. Dist. LEXIS 53249 (S.D.N.Y. Apr. 16, 2012).

On May 16, 2012, the Court (Judge Scheindlin) granted certification of the plaintiff class. Floyd v. City of N.Y., No. 1:08-cv-01034, 2012 WL 1868637, 2012 U.S. Dist. LEXIS 68676 (S.D.N.Y. May 16, 2012). On October 10, 2012, the Second Circuit Court of Appeals (Judge John M. Walker, Jr. and Judge Christopher F. Droney) denied the City's motion to appeal the district court's grant of class certification.

The case headed to bench trial before Judge Scheindlin. On January 22, 2013, Judge Scheindlin had granted the City's request for a stay pending a final decision regarding the appropriate scope of preliminary injunctive relief in Ligon, but denied postponement of the trial. The plaintiffs agreed to dismiss their individual damage claims, so trial proceeded on the class-based injunctive issues, only. That trial was held beginning March 2013; proceedings took over 30 days, and concluded in May 2013. In July, the U.S. Department of Justice appeared in the case by filing a "Statement of Interest". Represented by the Civil Rights Division (not the U.S. Attorney, which ordinarily represents the U.S. in the Southern District of New York), DOJ took no position on whether the NYPD should be held liable, but opined that a monitorship-type remedy was often useful and certainly authorized, in systemic police misconduct cases.

On August 12, 2013, following the nine-week trial, Judge Scheindlin held that the City of New York violated the plaintiffs' rights under the Fourth Amendment and the Equal Protection Clause of the Fourteenth Amendment. Judge Scheindlin issued two opinions finding the NYPD liable, ordering changes to the department's stop and frisk procedures, and appointing a monitor to oversee the changes. Floyd v. City of New York, 959 F.Supp.2d 540 (S.D.N.Y. 2013) and 959 F.Supp.2d 668 (S.D.N.Y. 2013). Judge Scheindlin held that the NYPD violated the plaintiffs' Fourth Amendment rights, due to the department officials' deliberate indifference regarding the officers' clearly unconstitutional searches and the fact that the searches were so widespread that they held the force of law. Further, the NYPD violated the plaintiffs' Fourteenth Amendment rights by subjecting them to the indirectly racially-targeted searches and by displaying deliberate indifference to the discriminatory nature of these searches. In other words, Judge Scheindlin found that the searches violated the plaintiffs' Fourteenth Amendment rights regardless of whether the disparate result of the search policy was intentional.

Beyond the findings of law, Judge Scheindlin also issued an order setting forth the procedures that the NYPD must adopt to remedy the situation. The order mandated that a monitor would be appointed to oversee reforms. The monitor will be tasked with consulting with the parties to develop "a set of reforms of the NYPD's policies, training, supervision, monitoring, and discipline regarding stop and frisk." As a monitor, she chose Peter Zimroth, former New York Corporation Counsel and former First Assistant District Attorney in Manhattan.

On October 31, 2013, the Second Circuit granted the City’s motion for a stay and ordered that the cases be reassigned from Judge Scheindlin to another district judge. The Second Circuit wrote that the "District Judge ran afoul of the Code of Conduct for United States Judges" in (a) speaking to the press and (b) encouraging the plaintiffs' counsel in Daniels to file the Floyd litigation, separately, rather than litigating racial profiling as part of Daniels -- particularly in stating that she would treat the new case as related. 538 F. App'x 101 (2d Cir. 2013).

After the Second Circuit ruled, both Floyd and Ligon were reassigned (as related) to District Judge Analisa Torres. On November 13, 2013, the Court of Appeals rejected Judge Scheindlin's motion asking to be heard on the disqualification issue and clarified the reason for reassigning the case. The Second Circuit held that the rationale for the reassignment was an appearance of impropriety, not its actual presence. 736 F.3d 118 (2d Cir. 2013).

In the meantime, NYC Mayor Bill de Blasio was elected, and took a very different approach to these cases. See Ligon for the rest of the proceedings in this case. In 2014, the parties settled the case. As of April 1, 2016, the parties are working to implement the terms of the settlement.

Emily Goldman - 10/31/2012
Jonathan Forman - 08/15/2013
Jessica Kincaid - 04/01/2016


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Issues and Causes of Action
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Issues
Constitutional Clause
Equal Protection
Unreasonable search and seizure
Content of Injunction
Develop anti-discrimination policy
Monitor/Master
Monitoring
Provide antidiscrimination training
Reporting
Training
Defendant-type
Jurisdiction-wide
Law-enforcement
Discrimination-basis
National origin discrimination
Race discrimination
General
Disparate Impact
Disparate Treatment
Excessive force
Failure to discipline
Failure to supervise
Failure to train
False arrest
Over/Unlawful Detention
Pattern or Practice
Personal injury
Racial profiling
Record-keeping
Search policies
National Origin/Ethnicity
Hispanic
Plaintiff Type
Private Plaintiff
Race
Black
Causes of Action 42 U.S.C. § 1983
Declaratory Judgment Act, 28 U.S.C. § 2201
State law
Title VI, Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.
Defendant(s) City of New York
Plaintiff Description All persons who since January 31, 2005, have been, or in the future will be, subjected to NYPD's policies/practices of stopping and frisking in the absence of a reasonable, articulable suspicion of criminal activity, including on the basis of being Black or Latino.
Indexed Lawyer Organizations Center for Constitutional Rights
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement

Source of Relief Litigation
Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2013 - n/a
Case Closing Year n/a
Case Ongoing Yes
Case Listing PN-NY-0010 : Daniels v. City of New York (S.D.N.Y.)
PN-NY-0013 : Davis v. City of New York (S.D.N.Y.)
PN-NY-0014 : Ligon v. City of New York (S.D.N.Y.)
PN-NY-0017 : Blair v. City of New York (S.D.N.Y.)
Additional Resources
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Case Studies Federal Enforcement of Police Reform
By: Stephen Rushin (University of Illinois College of Law, University of California, Berkeley - Jurisprudence and Social Policy Program )
Citation: 82 Fordham Law Review 3189 (2014)
[ Detail ] [ External Link ]

  Jail Strip-Search Cases: Patterns and Participants
http://law.duke.edu/journals/lcp
By: Margo Schlanger (Washington University in St. Louis)
Citation: 71 Law & Contemp. Problems 65 (2008)
[ Detail ] [ External Link ]

  Panopticism for Police: Structural Reform Bargaining and Police Regulation by Data-Driven Surveillance
By: Mary D. Fan (University of Washington)
Citation: Forthcoming, 87 Washington L. Rev. __ (2012).
[ Detail ] [ External Link ]

  What Happens When Police Are Forced to Reform?
Written: Nov. 13, 2015
By: Kimbriell Kelly, Sarah Childress and Steven Rich (Frontline/Post)
Citation: Washington Post (Nov. 13, 2015)
[ Detail ] [ External Link ]

Docket(s)
1:08−cv−01034 (S.D.N.Y.) 03/25/2016
PN-NY-0009-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Order Granting Plaintiffs' Expedited Motion to Retain Data Under Protective Order in Daniels et al v. The City of New York et al and Request for Conference 01/31/2008 (S.D.N.Y.)
PN-NY-0009-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Second Amended Class Action Complaint for Declaratory and Injunctive Relief and Individual Damages 10/20/2008
PN-NY-0009-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Opinion and Order [Granting Plaintiffs' Motion to Compel Disclosure of Internal Affairs Bureau Documents] 06/25/2010 (739 F.Supp.2d 376) (S.D.N.Y.)
PN-NY-0009-0003.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Opinion and Order [Granting in Part and Denying in Part Defendants' Motion for Summary Judgment] 08/31/2011 (813 F.Supp.2d 417) (S.D.N.Y.)
PN-NY-0009-0004.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Opinion and Order [Granting Plaintiffs' Motion to Reinstate Claims] 11/23/2011 (813 F.Supp.2d 457) (S.D.N.Y.)
PN-NY-0009-0005.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Opinion and Order [Granting in Part and Denying in Part Defendants' Motion to Exclude Expert Testimony] 04/16/2012 (861 F.Supp.2d 274) (S.D.N.Y.)
PN-NY-0009-0006.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Opinion and Order [Granting Plaintiffs' Motion for Class Certification] 05/16/2012 (2012 WL 1868637 / 2012 U.S.Dist.LEXIS 68676) (S.D.N.Y.)
PN-NY-0009-0007.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
[Letter from Police Commissioner Kelly to City Council Speaker Quinn] 05/16/2012
PN-NY-0009-0008.pdf | Detail
Order 06/04/2012 (S.D.N.Y.)
PN-NY-0009-0009.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Opinion and Order 08/17/2012 (2012 WL 3561594) (S.D.N.Y.)
PN-NY-0009-0010.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 08/28/2012 (S.D.N.Y.)
PN-NY-0009-0011.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Stipulation and Order 08/29/2012 (S.D.N.Y.)
PN-NY-0009-0012.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum Opinon and Order 09/07/2012 (2012 WL 3890080) (S.D.N.Y.)
PN-NY-0009-0013.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Mandate 10/10/2012
PN-NY-0009-0015.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Opinion & Order 01/22/2013 (2013 WL 227654) (S.D.N.Y.)
PN-NY-0009-0017.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Statement of Interest of the United States 06/12/2013
PN-NY-0009-0016.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Opinion and Order 08/12/2013 (959 F.Supp.2d 540) (S.D.N.Y.)
PN-NY-0009-0018.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Opinion and Order 08/12/2013 (959 F.Supp.2d 668) (S.D.N.Y.)
PN-NY-0009-0019.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Mandate 10/31/2013 (538 Fed.Appx. 101)
PN-NY-0009-0020.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Request for Leave to File Motion to Address Order of Disqualification 11/06/2013
PN-NY-0009-0021.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order in re Motion of District Judge 11/13/2013 (736 F.3d 166)
PN-NY-0009-0022.pdf | WESTLAW| LEXIS | Detail
Document Source: U.S. Court of Appeals website
Opinion in re Reassignment of Cases 11/13/2013 (736 F.3d 118)
PN-NY-0009-0023.pdf | WESTLAW| LEXIS | Detail
Document Source: U.S. Court of Appeals website
First Report of the Monitor 07/09/2015
PN-NY-0009-0024.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Cabranes, Jose Alberto (D. Conn., FISCR, Second Circuit)
PN-NY-0009-0020 | PN-NY-0009-0022 | PN-NY-0009-0023
Droney, Christopher Fitzgerald (Second Circuit, D. Conn.)
PN-NY-0009-0015
Parker, Barrington Daniels Jr. (Second Circuit, S.D.N.Y.)
PN-NY-0009-0020 | PN-NY-0009-0022 | PN-NY-0009-0023
Pitman, Henry B. (S.D.N.Y.) [Magistrate]
PN-NY-0009-9000
Scheindlin, Shira A. (E.D.N.Y., S.D.N.Y.) [Magistrate]
PN-NY-0009-0002 | PN-NY-0009-0003 | PN-NY-0009-0004 | PN-NY-0009-0005 | PN-NY-0009-0006 | PN-NY-0009-0007 | PN-NY-0009-0009 | PN-NY-0009-0010 | PN-NY-0009-0011 | PN-NY-0009-0012 | PN-NY-0009-0013 | PN-NY-0009-0017 | PN-NY-0009-0018 | PN-NY-0009-0019 | PN-NY-0009-9000
Torres, Analisa Nadine (S.D.N.Y.)
PN-NY-0009-9000
Walker, John Mercer Jr. (Second Circuit, S.D.N.Y.)
PN-NY-0009-0015 | PN-NY-0009-0020 | PN-NY-0009-0022 | PN-NY-0009-0023
Monitors/Masters Jerome, Richard B. (District of Columbia)
PN-NY-0009-0024
Zimroth, Peter L. (New York)
PN-NY-0009-0024
Plaintiff's Lawyers Azmy, Baher (New York)
PN-NY-0009-9000
Borchetta, Jennifer Rolnick (New York)
PN-NY-0009-0017 | PN-NY-0009-9000
Cartagena, Juan (New York)
PN-NY-0009-0017
Charney, Darius (New York)
PN-NY-0009-0001 | PN-NY-0009-0012 | PN-NY-0009-0017 | PN-NY-0009-9000
Concepcion, Roberto Jr. (New York)
PN-NY-0009-0017
Corey, Bruce Oliver Jr. (New York)
PN-NY-0009-9000
Costello, Andrea Hope (Florida)
PN-NY-0009-9000
Dunn, Christopher (New York)
PN-NY-0009-0017
Flahive Wu, Laura Marie (New York)
PN-NY-0009-9000
George, Daniel A. (District of Columbia)
PN-NY-0009-9000
Grashin, Mayer Benjamin (New York)
PN-NY-0009-0017
Hellerman, Eric (New York)
PN-NY-0009-0017 | PN-NY-0009-9000
Hoff Varner, Gretchen Ann (New York)
PN-NY-0009-0017 | PN-NY-0009-9000
Hoffman, Taylor (New York)
PN-NY-0009-9000
Irwin, Philip Alexander (New York)
PN-NY-0009-0017 | PN-NY-0009-9000
Karteron, Alexis (New York)
PN-NY-0009-0017
Kleinman, Rachel Miriam (New York)
PN-NY-0009-9000
Kovel, Mariana Louise (New York)
PN-NY-0009-0017
Lumelsky, Anna Esther (New York)
PN-NY-0009-9000
Maer, Foster (New York)
PN-NY-0009-0017
Martini, Kasey Lynn (New York)
PN-NY-0009-0017 | PN-NY-0009-9000
Moore, Jonathan C. (New York)
PN-NY-0009-0001 | PN-NY-0009-0017 | PN-NY-0009-9000
Moskovitz, Joshua Samuel (New York)
PN-NY-0009-9000
Mullkoff, Daniel Erick (New York)
PN-NY-0009-0017
Nathanson, John A. (New York)
PN-NY-0009-0017
Patel, Sunita (New York)
PN-NY-0009-0017 | PN-NY-0009-9000
Pendergrass, Taylor Scott (New York)
PN-NY-0009-0017
Peterson, Tiana Jeanne (New York)
PN-NY-0009-0017
Smyth, J. McGregor Jr. (New York)
PN-NY-0009-0017
Young, Chauniqua Danielle (New York)
PN-NY-0009-0017 | PN-NY-0009-9000
Defendant's Lawyers Booth, Amatullah Khaliha (New York)
PN-NY-0009-9000
Breslow, Stephanie Marie (New York)
PN-NY-0009-9000
Cooke, Brenda Elaine (New York)
PN-NY-0009-0017 | PN-NY-0009-9000
Donahue, Linda (New York)
PN-NY-0009-0017 | PN-NY-0009-9000
Grossman, Heidi (New York)
PN-NY-0009-0017 | PN-NY-0009-9000
Hazan, David M. (New York)
PN-NY-0009-9000
Kunz, Morgan David (New York)
PN-NY-0009-0017
Larkin, Arthur G. III (New York)
PN-NY-0009-9000
Marutollo, Joseph Anthony (New York)
PN-NY-0009-0017 | PN-NY-0009-9000
Mettham, Suzanna Publicker (New York)
PN-NY-0009-9000
Publicker, Suzanna Hallie (New York)
PN-NY-0009-0017 | PN-NY-0009-9000
Reddy, Prathyusha Bandi (New York)
PN-NY-0009-9000
Richardson, Lisa Marie (New York)
PN-NY-0009-0017 | PN-NY-0009-9000
Silver, Cecilia Ann (New York)
PN-NY-0009-0012 | PN-NY-0009-0017 | PN-NY-0009-9000
Vickers, Judson Krebbs (New York)
PN-NY-0009-0017 | PN-NY-0009-9000
Weingarten, Richard Keith (New York)
PN-NY-0009-0017
Zuckerman, Mark (New York)
PN-NY-0009-0017
Other Lawyers Austin, Roy L. (District of Columbia)
PN-NY-0009-0016
Coles, Anthony Paul (New York)
PN-NY-0009-9000
Dorsen, Norman (New York)
PN-NY-0009-0021
Engel, Steven A. (District of Columbia)
PN-NY-0009-9000
Lopez, Christy (District of Columbia)
PN-NY-0009-0016
McGuire, James M. (New York)
PN-NY-0009-9000
Miller, Arthur R. (Massachusetts)
PN-NY-0009-0021
Neuborne, Burt (New York)
PN-NY-0009-0021
Perez, Thomas E. (District of Columbia)
PN-NY-0009-0016
Resnik, Judith (Connecticut)
PN-NY-0009-0021
Saleski, Courtney Gilligan (Pennsylvania)
PN-NY-0009-9000
Schwarz, Frederick A.O. Jr. (New York)
PN-NY-0009-0021
Smith, Jonathan Mark (District of Columbia)
PN-NY-0009-0016
Volek, Jude (District of Columbia)
PN-NY-0009-0016
Wiygul, Elisa Talora (Pennsylvania)
PN-NY-0009-9000

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