Floyd v. City of New York
959 F. Supp. 2d 668
| S.D.N.Y. | 2013Background
- This Remedies Opinion consolidates Floyd and Ligón rulings to impose constitutional reforms on NYPD stop-and-frisk practices.
- Court found NYPD liable under Fourth and Fourteenth Amendments for unconstitutional stops/frisks, requiring targeted remedies rather than ending stop-and-frisk.
- Court appoints independent Monitor (Peter L. Zimroth) to oversee reform implementation and compliance.
- Immediate Reforms must be developed by Monitor and implemented after Court approval; Joint Remedial Process follows for broader reforms with community input.
- Court authorizes body-worn cameras pilot in one precinct per borough to evaluate effectiveness and may expand if beneficial.
- Remedies are narrowly tailored and do not end stop-and-frisk but require lawful, accountable policing and robust documentation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Court's authority to issue broad equitable relief | Plaintiffs seek comprehensive injunctive relief for constitutional violations. | City argues limited remedies; risk of federal overreach. | Court has broad equitable powers to remedy pattern of violations. |
| Necessity of a monitoring mechanism | Monitor essential to ensure ongoing compliance. | City prefers internal oversight and negotiated processes. | Independent Monitor (Zimroth) ordered to oversee reforms. |
| Immediate reforms vs. Joint Remedial Process | Immediate reforms essential to halt ongoing violations. | Reforms should be developed collaboratively; City resists unilateral measures. | Two-stage approach: Immediate Reforms followed by Joint Remedial Process. |
| Role of body-worn cameras | Cameras provide objective records reducing bias/violations. | Pilot may be beneficial but not essential. | Court orders a one-year pilot in one precinct per borough; evaluation for expansion. |
| Community input in reform process | Community voices are vital for legitimate, sustainable reforms. | Wraps reform within court process; limited community input proposed. | Joint Remedial Process includes broad community participation and town halls. |
Key Cases Cited
- Swann v. Charlotte-Mecklenburg Bd. of Ed., 402 U.S. 1 (U.S. (1971)) (broad equitable remedies in school desegregation cases; court-ordered remedies permissible)
- Mickalis Pawn Shop, LLC v. City of New York, 645 F.3d 143 (2d Cir. 2011) (court-approved injunctive relief in police reform context; equitable remedies broad but tailored)
- United States v. City of Los Angeles, 288 F.3d 391 (9th Cir. 2002) (community involvement in DOJ policing oversight matters; role of stakeholders)