University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Blair v. City of New York PN-NY-0017
Docket / Court 08 CIV 4303 ( S.D.N.Y. )
State/Territory New York
Case Type(s) Policing
Special Collection Stop-and-Frisk (NY)
Case Summary
On May 7, 2008, a black New York City resident filed this lawsuit in the U.S. District Court for the Southern District of New York under 42 U.S.C. § 1983. The plaintiff, represented by attorneys from the New York Civil Liberties Union, sought declaratory and injunctive relief, as well as damages ... read more >
On May 7, 2008, a black New York City resident filed this lawsuit in the U.S. District Court for the Southern District of New York under 42 U.S.C. § 1983. The plaintiff, represented by attorneys from the New York Civil Liberties Union, sought declaratory and injunctive relief, as well as damages and attorneys' fees, alleging that the City of New York's "stop and frisk" policy violated his Fourth and Fourteenth Amendment rights, as well as various rights under the New York State Constitution and laws.

This case is related to Floyd v. City of New York, 08-cv-1034 (PN-NY-0009 in this Clearinghouse). The facts giving rise to the lawsuit occurred on November 28, 2007 when plaintiff was stopped, frisked, and taken to and detained at the 49th Precinct. Plaintiff was issued two summonses for disobeying a lawful order and making unreasonable noise, both of which were ultimately dismissed.

On September 24, 2008, the parties settled all of plaintiff's claims. Plaintiff received $15,001 and attorneys' fees of $9,000.00, and the City of New York agreed to treat the record of his detention as sealed.

Brendan Brown - 09/28/2014


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Issues and Causes of Action
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Issues
Affected Gender
Male
Constitutional Clause
Equal Protection
Unreasonable search and seizure
Defendant-type
Law-enforcement
Discrimination-basis
Race discrimination
General
Disparate Impact
Disparate Treatment
Over/Unlawful Detention
Pattern or Practice
Racial profiling
Search policies
Plaintiff Type
Private Plaintiff
Race
Black
Causes of Action 42 U.S.C. § 1983
Defendant(s) City of New York
Plaintiff Description A black New York City resident
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted Moot
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Attorneys fees
Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Private Settlement Agreement
Order Duration not on record
Case Closing Year 2008
Case Ongoing No
Case Listing PN-NY-0009 : Floyd 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-04303-SAS (S.D.N.Y.) 09/24/2008
PN-NY-0017-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 05/07/2008
PN-NY-0017-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Stipulation of Settlement and Order of Discontinuance 09/24/2008
PN-NY-0017-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Pitman, Henry B. (S.D.N.Y.) [Magistrate]
PN-NY-0017-9000
Scheindlin, Shira A. (E.D.N.Y., S.D.N.Y.) [Magistrate]
PN-NY-0017-0002 | PN-NY-0017-9000
Monitors/Masters None on record
Plaintiff's Lawyers Dunn, Christopher (New York)
PN-NY-0017-0001 | PN-NY-0017-0002 | PN-NY-0017-9000
Eisenberg, Arthur (New York)
PN-NY-0017-0001 | PN-NY-0017-9000
Defendant's Lawyers Cardozo, Michael A. (New York)
PN-NY-0017-0002 | PN-NY-0017-9000
Rossan, Jennifer (New York)
PN-NY-0017-0002 | PN-NY-0017-9000
Other Lawyers None on record

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