Floyd v. City of New York
813 F. Supp. 2d 417
S.D.N.Y.2011Background
- Plaintiffs allege a citywide pattern and practice of unconstitutional, race-based stops and frisks by the NYPD in violation of 42 U.S.C. § 1983, the Fourth and Fourteenth Amendments, Title VI, and New York law.
- Plaintiffs seek declaratory relief, a class-wide injunction, and damages; defendants move for summary judgment on Floyd and Ourlicht’s claims and on City, Bloomberg, and Kelly's conduct.
- Daniels v. City of New York settlement previously required reforms including a Racial Profiling Policy, UF250 form revisions, and regular audits.
- Two specific incidents are analyzed for summary judgment: Floyd’s February 2008 stop and Ourlicht’s June 2008 stop;
- Disputes center on whether stops were based on reasonable suspicion, whether senior officials fostered a policy or practice, and whether training, monitoring, and discipline were adequate.
- The court finds disputed facts on training, monitoring, supervision, and discipline, and grants partial summary judgment for some Fourth Amendment and Monell claims while denying others.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Floyd’s February 2008 stop was supported by reasonable suspicion | Floyd argues lack of reasonable suspicion and unconstitutional stop | Officers had a burglary pattern and furtive movements as reasonable basis | Partial denial of Floyd claim; stop sustained, but search at issue remains triable |
| Whether Ourlicht’s June 2008 stop violated the Fourth Amendment | Stop based on generalized gun reports lacks individualized suspicion | Officers acted to secure area; some factual disputes remain | Summary judgment denied; triable issues on reasonableness and identification |
| Whether NYPD's widespread custom or practice of stops supports Monell liability against the City | Disparities and undocumented stops show a pervasive custom attributed to City policy | Disparities are explainable and monitored; no fixed policy of unconstitutional stops | Disputed facts; Monell claims survive summary judgment |
| Whether the alleged quotas/pressure on officers constitute a discriminatory practice | Roll calls and audio evidence show quotas driving unconstitutional activity | Quotas not proven; evidence insufficient to show policy behind stops | Triable issue; summary judgment denied on quota-related claims |
| Whether plaintiffs’ Equal Protection and Title VI claims against the City survive | Disparities and discriminatory purpose exist; RAND/Fagan analyses support | No unconstitutional purpose; attempted reforms mitigate concerns | Equal Protection and Title VI claims survive summary judgment |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (1968) (establishes Terry stop standard and need for reasonable suspicion)
- People v. DeBour, 40 N.Y.2d 210 (1976) (framework for levels of police intrusion under NY law)
- Monell v. New York City Dep't of Soc. Servs., 436 U.S. 658 (1978) (municipal liability requires policy or custom causing injury)
- Green v. City of New York, 465 F.3d 65 (2d Cir. 2006) (discusses municipal liability and training/indifference standards)
- Sorlucco v. New York City Police Dept., 971 F.2d 864 (2d Cir. 1992) (establishes standards for municipal liability and deliberate indifference)
- Wardlow, 528 U.S. 119 (2000) (anticipates evaluating totality of circumstances in reasonable suspicion)