University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Picture The Homeless v. The City of New York PN-NY-0028
Docket / Court 1:02-cv-09379 ( S.D.N.Y. )
State/Territory New York
Case Type(s) Policing
Attorney Organization ACLU Chapters (any)
Case Summary
On November 25, 2002, plaintiff, a New York-based homeless advocacy group called Picture the Homeless, filed a lawsuit in the U.S. District Court for the Southern District of New York under 42 U.S.C. § 1983 seeking declaratory and injunctive relief, as well as attorneys' fees. Specifically, ... read more >
On November 25, 2002, plaintiff, a New York-based homeless advocacy group called Picture the Homeless, filed a lawsuit in the U.S. District Court for the Southern District of New York under 42 U.S.C. § 1983 seeking declaratory and injunctive relief, as well as attorneys' fees. Specifically, plaintiff alleged that the City of New York, through the NYPD, developed a policy and practice of targeting homeless individuals for arrest in violation of the Due Process Clause of the Fourteenth Amendment.

Plaintiff alleged that the NYPD developed a program of targeting individuals they believed to be homeless for arrest. Specifically plaintiff alleged that the NYPD increased the number of officers dedicated to homeless outreach and instructed the officers that their primary mission was no longer to offer services but instead to arrest the homeless for largely minor offenses.

On April 3, 2003, the District Court (Judge Sidney H. Stein) entered an order that the case be dismissed due to the City of New York's stipulation to issue a directive to the NYPD indicating that officers were not to target homeless individuals for arrest.

Brendan Brown - 10/06/2014


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Content of Injunction
Develop anti-discrimination policy
Defendant-type
Jurisdiction-wide
Law-enforcement
General
Pattern or Practice
Plaintiff Type
Non-profit NON-religious organization
Causes of Action Declaratory Judgment Act, 28 U.S.C. § 2201
42 U.S.C. § 1983
Defendant(s) City of New York
Plaintiff Description Picture the Homeless, a New York based homeless advocacy group.
Indexed Lawyer Organizations ACLU Chapters (any)
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Attorneys fees
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration not on record
Case Closing Year 2003
Case Ongoing Unknown
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 ]

  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)
1:02-cv-09379-SHS (S.D.N.Y.) 04/03/2003
PN-NY-0028-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 11/25/2002
PN-NY-0028-0001.pdf | Detail
Document Source: Plaintiffs' counsel
Settlement Press Release 04/01/2003
PN-NY-0028-0002.pdf | Detail
Document Source: Defendant or Defendant's Counsel
Judges Stein, Sidney H. (S.D.N.Y.)
PN-NY-0028-9000
Monitors/Masters None on record
Plaintiff's Lawyers Dunn, Christopher (New York)
PN-NY-0028-0001 | PN-NY-0028-9000
Eisenberg, Arthur (New York)
PN-NY-0028-0001 | PN-NY-0028-9000
Lieberman, Donna (New York)
PN-NY-0028-0001 | PN-NY-0028-9000
Defendant's Lawyers None on record
Other Lawyers Cardozo, Michael A. (New York)
PN-NY-0028-0002

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