University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Casale v. Kelly PN-NY-0044
Docket / Court 1:08-cv-02173 ( S.D.N.Y. )
State/Territory New York
Case Type(s) Policing
Case Summary
On March 11, 2008, individuals who were arrested in New York for loitering filed a class action suit in U.S. District Court for the Southern District for New York. The plaintiffs filed against the City of New York for continuing to enforce loitering statutes s. 240.35(3) and (7) of the NY Penal Law ... read more >
On March 11, 2008, individuals who were arrested in New York for loitering filed a class action suit in U.S. District Court for the Southern District for New York. The plaintiffs filed against the City of New York for continuing to enforce loitering statutes s. 240.35(3) and (7) of the NY Penal Law after both were declared unconstitutional. These provisions dealt with loitering for the purpose of engaging in sexual conduct and loitering in a transportation facility without sufficient reason. 240.35(3) was notable for being used to harass gay men seeking to engage in consensual sexual activity.

In June of 2009, plaintiff's motion for class certification was granted. The class consisted of all persons who had been arrested, charged, or prosecuted for a violation of 240.35(3) or (7).

Judge Scheindlin marked this case as related with Brown v. Kelly as both dealt with loitering statutes previously held unconstitutional. For a full summary of the outcome, see Brown v. Kelly in the Clearinghouse PN-NY-0042.

The plaintiff classes in Casale and Brown settled for $15 million plus attorney's fees, and the City was ordered to removed all records relating to those arrested or charged under the loitering statutes, as well as to conduct officer training.

Dan Hofman - 02/10/2016


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Issues and Causes of Action
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Issues
Affected Gender
Female
Male
Constitutional Clause
Equal Protection
Freedom of speech/association
Unreasonable search and seizure
Content of Injunction
Training
Defendant-type
Law-enforcement
General
Pattern or Practice
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. ยง 1983
Defendant(s) City of New York
Plaintiff Description Residents of New York City who were arrested or prosecuted for loitering.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Attorneys fees
Damages
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 2015
Case Ongoing No
Case Listing PN-NY-0042 : Brown v. Kelly (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 ]

  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-02173-SAS (S.D.N.Y.) 04/23/2015
PN-NY-0044-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 03/04/2008
PN-NY-0044-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order/Opinion [class action granted] 06/01/2009 (S.D.N.Y.)
PN-NY-0044-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order/Opinion [Contempt of Court] 04/26/2010 (S.D.N.Y.)
PN-NY-0044-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Settlement [Final Judgment] 01/03/2013 (S.D.N.Y.)
PN-NY-0044-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Katz, Theodore H. (S.D.N.Y.) [Magistrate]
PN-NY-0044-9000
Scheindlin, Shira A. (S.D.N.Y., E.D.N.Y.) [Magistrate]
PN-NY-0044-0002 | PN-NY-0044-0003 | PN-NY-0044-0004 | PN-NY-0044-9000
Monitors/Masters None on record
Plaintiff's Lawyers Brinckerhoff, Matthew D. (New York)
PN-NY-0044-0001 | PN-NY-0044-0002 | PN-NY-0044-0003 | PN-NY-0044-9000
Greenberger, Debra L. (New York)
PN-NY-0044-0003 | PN-NY-0044-9000
Kovel, Mariana Louise (New York)
PN-NY-0044-0003 | PN-NY-0044-9000
Rosenfeld, Katherine (New York)
PN-NY-0044-0001 | PN-NY-0044-0003 | PN-NY-0044-9000
Smyth, J. McGregor Jr. (New York)
PN-NY-0044-0001 | PN-NY-0044-0002 | PN-NY-0044-0003 | PN-NY-0044-9000
Ward, Earl (New York)
PN-NY-0044-0001 | PN-NY-0044-0002 | PN-NY-0044-0003 | PN-NY-0044-9000
Defendant's Lawyers Seligman, Rachel Amy (New York)
PN-NY-0044-0002 | PN-NY-0044-0003 | PN-NY-0044-9000
Other Lawyers None on record

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