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Case Name Lino v. City of New York PN-NY-0020
Docket / Court 106579/2010 ( State Court )
State/Territory New York
Case Type(s) Policing
Special Collection Stop-and-Frisk (NY)
Attorney Organization ACLU Chapters (any)
Case Summary
On May 19, 2010, the New York Civil Liberties Union filed this putative class action suit on behalf of two male New York City residents who were allegedly stopped and frisked without reasonable suspicion or probable cause. The plaintiffs sued in New York State Court and alleged numerous violations ... read more >
On May 19, 2010, the New York Civil Liberties Union filed this putative class action suit on behalf of two male New York City residents who were allegedly stopped and frisked without reasonable suspicion or probable cause. The plaintiffs sued in New York State Court and alleged numerous violations of New York law, as well as violations of the First, Fourth, and Fifth Amendments of the U.S. Constitution. They sued under state law and 42 U.S.C. § 1983.

According to the complaint, Plaintiffs, both under the age of 40 and without criminal records, were stopped, questioned, searched, arrested, and given summonses that were later dismissed. Nevertheless, the NYPD kept their contact information in a massive stop-and-frisk database. The NYPD stored the information of all people stopped and frisked, refusing to seal misdemeanor and felony records. NYPD was also collecting information of individuals who were neither arrested nor summoned, and of those whose arrests and summonses were dropped. This database served as the index for investigations later carried about by the NYPD. 80% of people stopped and frisked were Black or Latino.

Plaintiffs sought declaratory judgments and an injunction requiring defendants to seal all records. On June 24, 2011, Justice Barbara Jaffe issued an order that granted the defendant's motion to dismiss. 932 N.Y.S.2d 761. {explain basis for decision and then the subsequent appeal which reversed, from the Dec, 20, 2012 order}

The parties settled in July 2013. Under the settlement, New York City paid $10,000 for all the claims that were or could have been raised by any plaintiffs in this action - including all costs, expenses, and attorney fees, and agreed to remove all information establishing the identity of individuals who were stopped, frisked, or questioned. The settlement also required the NYPD to cease entering such identifying information into the database. The City issued a written directive barring further entries into the database, and that directive was provided to the NYCLU under the terms of the settlement.

The court did not retain jurisdiction over the matter; the case was dismissed on the same day as the settlement was entered.

Nili Blanck - 03/17/2018


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Issues and Causes of Action
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Issues
Constitutional Clause
Unreasonable search and seizure
Content of Injunction
Discrimination Prohibition
Implement complaint/dispute resolution process
Defendant-type
Jurisdiction-wide
Law-enforcement
Discrimination-basis
Race discrimination
General
Disparate Impact
Disparate Treatment
Racial profiling
Search policies
National Origin/Ethnicity
Arab/Afgani/Middle Eastern
Hispanic
Plaintiff Type
Non-profit NON-religious organization
Race
Black
Causes of Action 42 U.S.C. § 1983
State law
Defendant(s) City of New York
New York Police Department commissioner
Plaintiff Description Putative class action suit filed on behalf of two New York City residents who have been stopped, questioned, searched, arrested, and given sumonses that were dismissed, despite their personal information being stored on an NYPD database that functions as an index for investigations. Both are men of color, under the age of 40, with no criminal history.
Indexed Lawyer Organizations ACLU Chapters (any)
Class action status sought Yes
Class action status granted No
Filed Pro Se No
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 2013 - n/a
Filing Year 2010
Case Closing Year 2013
Case Ongoing No
Docket(s)
No docket sheet currently in the collection
General Documents
Complaint
PN-NY-0020-0001.pdf | Detail
Date: 05/19/2010
Source: ACLU
Summons [ECF# BL-2]
PN-NY-0020-0005.pdf | Detail
Date: 05/19/2010
Source: PACER [Public Access to Court Electronic Records]
Decision and Order [Granting Defendants' Motion to Dismiss Complaint] (932 N.Y.S.2d 761)
PN-NY-0020-0003.pdf | WESTLAW| LEXIS | Detail
Date: 06/28/2011
Source: State Court Website
Opinion (101 A.D.3d 552)
PN-NY-0020-0004.pdf | WESTLAW| LEXIS | Detail
Date: 12/20/2012
Source: Westlaw
Stipulation and Order of Settlement and Discontinuance
PN-NY-0020-0002.pdf | Detail
Date: 08/07/2013
Source: ACLU
Judges Catterson, James M. Jr. Court not on record
PN-NY-0020-0004
DeGrasse, Leland G. (State Appellate Court)
PN-NY-0020-0004
Jaffe, Barbara (State Trial Court)
PN-NY-0020-0002 | PN-NY-0020-0003
Manzanet-Daniels, Sallie (State Appellate Court)
PN-NY-0020-0004
Mazzarelli, Angela M (State Supreme Court)
PN-NY-0020-0004
Richter, Rosalyn H. (State Appellate Court)
PN-NY-0020-0004
Plaintiff's Lawyers Bell, Alyssa (New York)
PN-NY-0020-0005
Dunn, Christopher (New York)
PN-NY-0020-0001 | PN-NY-0020-0002 | PN-NY-0020-0005
Friedman, Linda (Illinois)
PN-NY-0020-0005
Presa, Rachel (New York)
PN-NY-0020-0005
Defendant's Lawyers Cardozo, Michael A. (New York)
PN-NY-0020-0002

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