Floyd v. City of New York
United States District Court for the Southern District of New York
283 F.R.D. 153 (2012)
Research analyzing the New York Police Department’s (NYPD) stop-and-frisk practices from 2004 to 2009 shows that in over 2.8 million Terry stops, over 50 percent of the stops were of Black people, 30 percent were of Latinos, and 10 percent were of White people. At least 60,000 of those stops were unconstitutional because police documented the suspect’s “furtive movements” as the only basis for the stop. This was an average of at least 30 facially unlawful stops of 1200 total stops per day. David Floyd, Lalit Clarkson, Deon Dennis, and David Ourlicht (plaintiffs) were Black men who moved to certify a class of similarly situated plaintiffs, defined as all people who, since 2005, had been or will be subjected to stops and frisks without reasonable suspicion, including people who are stopped based on race. Each of the four men was stopped and frisked at least once, and Ourlicht, who is currently a New York City (NYC) (defendant) resident, was frisked four times, including while he was walking along a sidewalk, sitting on a bench, and entering a car. The proposed class sued NYC, the police commissioner, the mayor, and named and unnamed police officers (defendants). The proposed class sought (1) a declaration that the NYPD’s policies and practices fostered unlawful, racially discriminatory searches and seizures in violation of the class’s Fourth and Fourteenth Amendment rights, and (2) a class-wide injunction that would require the police to change their policies and practices. The government argued that the proposed class lacked standing to seek relief because the assertion that any of them will be unlawfully stopped again in the future is speculative.
Rule of Law
Holding and Reasoning (Scheindlin, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 705,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 705,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 44,300 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.