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Case Name Cliett v. City of Philadelphia PN-PA-0008
Docket / Court 85-1846 ( E.D. Pa. )
State/Territory Pennsylvania
Case Type(s) Policing
Attorney Organization ACLU National (all projects)
Case Summary
The plaintiffs, individuals stopped by the Philadelphia police during "Operation Cold Turkey," brought a lawsuit in the District Court for the Eastern District of Pennsylvania. The plaintiffs sued the City and the Police Commissioner under 42 U.S.C. § 1983. Represented by private counsel and an ... read more >
The plaintiffs, individuals stopped by the Philadelphia police during "Operation Cold Turkey," brought a lawsuit in the District Court for the Eastern District of Pennsylvania. The plaintiffs sued the City and the Police Commissioner under 42 U.S.C. § 1983. Represented by private counsel and an attorney with the American Civil Liberties Union (ACLU), the plaintiffs asked the Court for monetary damages, injunctive relief, and declaratory relief. The plaintiffs also filed a motion for class certification. They claimed that "Operation Cold Turkey" was unconstitutional because it caused them to be stopped, without probable cause, based solely on their presence in the targeted high-crime areas, in contravention of the Fourth and Fourteenth Amendments to the U.S. Constitution.

"Operation Cold Turkey," which was initiated on March 27, 1985, was carried as an attempt to reduce drug-related activity in certain areas of the city. People stopped who were found in possession of illegal drugs were arrested, and those not in possession of such drugs were to be released or charged either with disorderly conduct or obstructive passage. The operation resulted in the stopping, frisking and/or questioning of over 1,400 people. Of those individuals, about 200 of them were taken to a police station to be formally charged or arrested.

On April 10, 1985, in an unpublished ruling, U.S. District Court Judge Donald W. VanArtsdalen approved a consent decree that ordered the police to observe all constitutional requirements in carrying out "Operation Cold Turkey" and to refrain from stopping individuals based solely on their presence in the target areas.

On October 17, 1985, Judge VanArtsdalen granted the plaintiffs motion for class certification, and certified a subclass as well. The Court found that the plaintiffs' allegations were sufficient to satisfy the commonality and typicality requirements of the applicable federal procedural rule, because the plaintiffs had alleged that their claims arose out of a common course of conduct by the police. The court also found appropriate the certification of a class because the liability that plaintiffs sought to establish was based on the operation itself, rather than on the circumstances surrounding each individual stop or arrest. If, later, it appeared that individual circumstances of each encounter became predominate over the issue of the constitutionality of the police operation, the judge observed that he could then de-certify the class.

As of his October 1985, ruling, Judge VanArtsdale defined the class to consist of those individuals who were stopped, frisked and/or questioned by police as a result of, or in carrying out, the Philadelphia Police Department's "Operation Cold Turkey." Further, the judge certified a subclass consisting of those individuals who were either charged with summary offenses or arrested as a result of "Operation Cold Turkey." The judge directed the plaintiffs to propose a form of notice to the class members.

On November 13, 1986, the court ordered a settlement agreement, by which the City of Philadelphia was to pay the members of the class $500,000. Persons who were merely stopped, frisked, searched, and/or questioned, without being taken into custody or charged with an offense, were to receive $100.00; persons taken into custody and charged with summary offenses were to receive $882.3; and persons taken into custody and charged with misdemeanors were to receive $1,250.00. Furthermore, any pending criminal charges, bench warrants, and ARDs connected with "Operation Cold Turkey" were to be dropped, withdrawn, or dismissed within 45 days from the date of the ordered settlement agreement, and any records of arrests expunged. The City was also ordered to pay all counsel fees totaling $37,896.09. The settlement authorized the defendants to seek dissolution of the injunctive part of the remedy after 2 years. We don't know if that happened, because we don't have the docket sheet. Given that there's no electronic docket, which would likely have been initiated if anything further happened on the case after 2003, we have no reason to believe this case is still active.

Mike Fagan - 06/25/2008
Saeeda Joseph-Charles - 10/23/2016


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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
Defendant-type
Law-enforcement
Discrimination-basis
Race discrimination
General
Excessive force
False arrest
National Origin/Ethnicity
Hispanic
Plaintiff Type
Private Plaintiff
Race
Black
Causes of Action 42 U.S.C. § 1983
Defendant(s) City of Philadelphia
Plaintiff Description Those individuals who were stopped, frisked and/or questioned by police as a result of or in carrying out the Philadelphia Police Department's Operation Cold Turkey.
Indexed Lawyer Organizations ACLU National (all projects)
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 1986 - 1988
Case Ongoing No reason to think so
Additional Resources
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  New York City to Pay Up to $75 Million Over Dismissed Summonses
New York Times
Date: Jan 23, 2017
By: Benjamin Weiser (New York Times)
[ Detail ] [ External Link ]

  Bravo v. Board of Commissioners of Dona Ana County
http://www.bazelon.org/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

Docket(s)
No docket sheet currently in the collection
General Documents
Complaint-Class Action
PN-PA-0008-0002.pdf | Detail
Date:
Source: Plaintiffs' counsel
Notice of Proposed Settlement
PN-PA-0008-0006.pdf | Detail
Date:
Source: Plaintiffs' counsel
[Affidavit of Sidney Cliett Jr.]
PN-PA-0008-0003.pdf | Detail
Date: 04/02/1985
Source: Plaintiffs' counsel
Consent Decree (E.D. Pa.)
PN-PA-0008-0005.pdf | Detail
Date: 04/10/1985
Opinion [Granting Class Certification] (1985 WL 3181 / 1985 U.S.Dist.LEXIS 14832) (E.D. Pa.)
PN-PA-0008-0001.pdf | WESTLAW| LEXIS | Detail
Date: 10/17/1985
Source: Westlaw
Settlement Agreement
PN-PA-0008-0004.pdf | Detail
Date: 11/13/1986
Source: Plaintiffs' counsel
Judges VanArtsdalen, Donald West Court not on record
PN-PA-0008-0001 | PN-PA-0008-0005
Plaintiff's Lawyers Kairys, David (Pennsylvania)
PN-PA-0008-0001 | PN-PA-0008-0002 | PN-PA-0008-0004 | PN-PA-0008-0005
Presser, Stefan (Pennsylvania)
PN-PA-0008-0001 | PN-PA-0008-0002 | PN-PA-0008-0004 | PN-PA-0008-0005
Defendant's Lawyers Mather, Barbara W. (Pennsylvania)
PN-PA-0008-0005
Minyard, Handsel B. (Pennsylvania)
PN-PA-0008-0004
Teti, Ralph J. (Pennsylvania)
PN-PA-0008-0004 | PN-PA-0008-0005
West, Valerie (Pennsylvania)
PN-PA-0008-0001

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