FLOYD v. CITY OF NEW YORK

No. 08 Civ. 1034 (SAS).

DAVID FLOYD, LALIT CLARKSON, DEON DENNIS, and DAVID OURLICHT, individually and on behalf of a class of all others similarly situated, Plaintiffs, v. THE CITY OF NEW YORK; COMMISSIONER RAYMOND KELLY, individually and in his official capacity; MAYOR MICHAEL BLOOMBERG, individually and in his official capacity; NEW YORK CITY POLICE OFFICER RODRIGUEZ, in his official capacity; NEW YORK CITY POLICE OFFICER GOODMAN, in his official capacity; NEW YORK CITY POLICE OFFICER SALMERON, Shield #7116, in her individual capacity; NEW YORK CITY POLICE OFFICER PICHARDO, Shield #00794, in his individual capacity; NEW YORK CITY POLICE SERGEANT KELLY, Shield #92145, in his individual capacity; NEW YORK CITY POLICE OFFICER JOYCE, Shield #31274, in his individual capacity; NEW YORK CITY POLICE OFFICER HERNANDEZ, Shield #15957, in his individual capacity; NEW YORK CITY POLICE OFFICER MORAN, in his individual capacity; and NEW YORK CITY POLICE OFFICERS JOHN AND JANE DOES, Defendants.

United States District Court, S.D. New York.

May 16, 2012.


Attorney(s) appearing for the Case

Darius Charney, Esq. , Sunita Patel, Esq. , Center for Constitutional Rights, New York, New York.

Jonathan C. Moore, Esq. , Jennifer Borchetta, Esq. , Beldock Levine & Hoffman LLP, New York, New York.

Eric Hellerman, Esq. , Philip Irwin, Esq. , Gretchen Hoff-Varner, Esq. , Covington & Burling LLP, New York, New York. for Plaintiffs.

Heidi Grossman , Linda Donahue , Assistant Corporation Counsel New York City Law Department, New York, New York. for Defendants.


OPINION AND ORDER

SHIRA A. SCHEINDLIN, District Judge.

I. INTRODUCTION

Police officers are permitted to briefly stop any individual, but only upon reasonable suspicion that he is committing a crime.1 The source of that limitation is the Fourth Amendment to the United States Constitution, which guarantees that "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches...

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