Filed Date: Feb. 19, 2009
Closed Date: 2009
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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)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/12323081/parties/sultan-v-kelly/
Dearie, Raymond Joseph (New York)
Reyes, Ramon E. Jr. (New York)
Dunn, Christopher (New York)
Cardozo, Michael A. (New York)
Hazan, David M. (New York)
Dearie, Raymond Joseph (New York)
Reyes, Ramon E. Jr. (New York)
See docket on RECAP: https://www.courtlistener.com/docket/12323081/sultan-v-kelly/
Last updated April 8, 2024, 3:17 a.m.
State / Territory: New York
Case Type(s):
Special Collection(s):
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):
Attorney Organizations:
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):
Case Details
Causes of Action:
Constitutional Clause(s):
Unreasonable search and seizure
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Amount Defendant Pays: 25,000
Issues
General:
Discrimination-area:
Discrimination-basis:
National origin discrimination
National Origin/Ethnicity: