Daniels, et al. v. the City of New York
Encyclopedia
Daniels, et al. v. the City of New York was a class action
lawsuit filed in 1999 against the New York Police Department (NYPD) and the City of New York, charging them with racial profiling
and unlawful stop and frisk, and requesting the disbanding of the NYPD Street Crimes Unit.
shooting brought increased attention to the issue of police brutality
. NYPD records showed that in 1997 and 1998, 35,000 out of 45,000 stop-and-frisks did not result in an arrest. The statistics showed that 16 African Americans were stopped for every arrest made. These statistics represented a small proportion of NYPD officers, members of the NYPD Street Crimes Unit, which brought calls for the Unit to be disbanded.
(CCR) by Richie Perez of the National Congress of Puerto Rican
Rights during the aftermath of the Diallo shooting.
The defendants initially argued to dismiss the case, citing a 1983 Supreme Court
decision, City of Los Angeles v. Lyons
. The court denied the dismissal.
The court also denied the plaintiffs' Equal Protection clause
claim, as they set a racial classification, stating that the Street Crimes Unit had a "policy, practice and/or custom of stopping and frisking [individuals] based solely on [their] race and/or national origin."
The City agreed to a settlement on December 12, 2003.
and New York State Constitutions
and is binding on all NYPD officers. The policy requires that officers who engage in stop-and-frisks be audited, and for their supervisors to determine whether, and to what extent, the act was due to reasonable suspicion, and whether it was being documented.
The audits were then to be given to the Center for Constitutional Rights
on a quarterly basis. Furthermore, the NYPD was required to engage in public education efforts, which included joint public meetings with class members and representatives on its racial profiling policy, and workshops at approximately 50 highs on a student's rights when being frisked.
Class action
In law, a class action, a class suit, or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued...
lawsuit filed in 1999 against the New York Police Department (NYPD) and the City of New York, charging them with racial profiling
Racial profiling
Racial profiling refers to the use of an individual’s race or ethnicity by law enforcement personnel as a key factor in deciding whether to engage in enforcement...
and unlawful stop and frisk, and requesting the disbanding of the NYPD Street Crimes Unit.
Background
In February 1992, the Amadou DialloAmadou Diallo
Amadou Diallo was a 23-year-old Guinean immigrant in New York City who was shot and killed on February 4, 1999 by four New York City Police Department plain-clothed officers: Sean Carroll, Richard Murphy, Edward McMellon and Kenneth Boss. The four officers fired a total of 41 shots...
shooting brought increased attention to the issue of police brutality
Police brutality
Police brutality is the intentional use of excessive force, usually physical, but potentially also in the form of verbal attacks and psychological intimidation, by a police officer....
. NYPD records showed that in 1997 and 1998, 35,000 out of 45,000 stop-and-frisks did not result in an arrest. The statistics showed that 16 African Americans were stopped for every arrest made. These statistics represented a small proportion of NYPD officers, members of the NYPD Street Crimes Unit, which brought calls for the Unit to be disbanded.
History
The Daniels et al. v. The City of New York et al. was brought to the Center for Constitutional RightsCenter for Constitutional Rights
Al Odah v. United States:Al Odah is the latest in a series of habeas corpus petitions on behalf of people imprisoned at the Guantanamo Bay detention center. The case challenges the Military Commissions system’s suitability as a habeas corpus substitute and the legality, in general, of detention at...
(CCR) by Richie Perez of the National Congress of Puerto Rican
Puerto Rico
Puerto Rico , officially the Commonwealth of Puerto Rico , is an unincorporated territory of the United States, located in the northeastern Caribbean, east of the Dominican Republic and west of both the United States Virgin Islands and the British Virgin Islands.Puerto Rico comprises an...
Rights during the aftermath of the Diallo shooting.
The defendants initially argued to dismiss the case, citing a 1983 Supreme Court
Supreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...
decision, City of Los Angeles v. Lyons
City of Los Angeles v. Lyons
City of Los Angeles v. Lyons, 461 U.S. 95 was a United States Supreme Court decision holding that the plaintiff, Adolph Lyons, lacked standing to challenge the city police department's alleged chokehold policy. Lyons, an African American, had been subjected to a chokehold after being stopped for...
. The court denied the dismissal.
The court also denied the plaintiffs' Equal Protection clause
Equal Protection Clause
The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws"...
claim, as they set a racial classification, stating that the Street Crimes Unit had a "policy, practice and/or custom of stopping and frisking [individuals] based solely on [their] race and/or national origin."
The City agreed to a settlement on December 12, 2003.
Terms of settlement
The settlement required that the NYPD maintain a written anti-racial-profiling policy that complies with the U.S.United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
and New York State Constitutions
New York State Constitutions
The Constitution of the State of New York establishes the structure of the government of the State of New York, and enumerates the basic rights of the citizens of New York. Like most state constitutions in the United States, New York's constitution's provisions tend to be more detailed, and amended...
and is binding on all NYPD officers. The policy requires that officers who engage in stop-and-frisks be audited, and for their supervisors to determine whether, and to what extent, the act was due to reasonable suspicion, and whether it was being documented.
The audits were then to be given to the Center for Constitutional Rights
Center for Constitutional Rights
Al Odah v. United States:Al Odah is the latest in a series of habeas corpus petitions on behalf of people imprisoned at the Guantanamo Bay detention center. The case challenges the Military Commissions system’s suitability as a habeas corpus substitute and the legality, in general, of detention at...
on a quarterly basis. Furthermore, the NYPD was required to engage in public education efforts, which included joint public meetings with class members and representatives on its racial profiling policy, and workshops at approximately 50 highs on a student's rights when being frisked.