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 ...
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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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