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Case 1:19-Cv-02673-VEC Document 35 Filed 01/03/20 Page 1 of 28 Case 1:19-cv-02673-VEC Document 35 Filed 01/03/20 Page 1 of 28 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------------------------------------x TERRON BELLE, WILLIAM RIOS, RICHMOND APPIAH, EDISON QUITO, BONACIO CRESPI, JAMEEL LANG, and LUIS RIOS, on Behalf of Themselves and a Class of Others Similarly Situated, 19 cv 2673 (VEC) Plaintiffs, FIRST AMENDED CLASS -against- COMPLAINT THE CITY OF NEW YORK, NEW YORK CITY POLICE OFFICERS “JOHN DOE” 1-50, JURY TRIAL DEMANDED in their individual and official capacities, Defendants. --------------------------------------------------------------x I. PRELIMINARY STATEMENT 1. This action, brought by seven New Yorkers on behalf of a class of similarly situated people, challenges the New York City Police Department’s (“NYPD”) unconstitutional practice of detaining people for the purpose of conducting searches of NYPD internal and external databases (hereinafter “NYPD records search”) for records related to the person detained, including but not limited to warrants, investigation cards (hereinafter “I-cards”), orders of protection, arrest records, suspected gang affiliations, and suspected matches to open cases through predictive policing tools without individualized reasonable suspicion. 2. By exploiting surveillance technology, the NYPD has replaced traditional—and largely discredited—police practices such as stop and frisk with invasive digital searches Case 1:19-cv-02673-VEC Document 35 Filed 01/03/20 Page 2 of 28 that rely on surveillance systems to provide a detailed snapshot of people’s lives, from daily movements to financial footprints. 3. In order to conduct these unconstitutional searches, the NYPD utilizes systems, including the Domain Awareness System (“DAS”) the Z FINEST system, and the Criminal Group Database, that aggregate warrant and summons information and a wide range of other data. These advanced technologies disparately impact communities of color. 4. The harassing and unwarranted searches and related seizures stand in stark contrast to their stated purpose—for identifying weapons and preventing violent crime. Instead, on information and belief, the practice disproportionately targets communities of color without any meaningful correlation to crime levels. 5. The NYPD’s policy and practice of detaining people without individualized lawful justification in order to search NYPD databases violates the United States Constitution and is the latest tactic in a long history of unwarranted search and seizure practices. The plaintiffs here, who seek to represent a class of similarly situated individuals, seek a declaration that the NYPD’s practices are unlawful, damages for the harms they have suffered and an injunction against those practices moving forward. II. JURISDICTION 6. This action is brought pursuant to 42 U.S.C. § 1983 (“Section 1983”) and 42 U.S.C. § 1988 and the Fourth Amendment to the United States Constitution. Jurisdiction is conferred upon this Court by 28 U.S.C. §§ 1331, 1343 (a)(3) and (a)(4), 2201, and 2202, as this action seeks redress for the violation of Plaintiffs’ constitutional and civil rights. Case 1:19-cv-02673-VEC Document 35 Filed 01/03/20 Page 3 of 28 III. VENUE 7. Venue is proper in the United States District Court for the Southern District of New York pursuant to 28 U.S.C. § 1391(b) because a substantial part of the acts complained of occurred in this district. IV. JURY DEMAND 8. Plaintiffs respectfully demand a trial by jury on each and every one of their claims as pled herein, pursuant to Fed. R. Civ. P. 38(b). V. PARTIES Plaintiffs 9. Plaintiff Terron Belle is an African-American male who at all relevant times, was a resident of Manhattan. 10. Plaintiff William Rios is a Latino male who, at all relevant times, was a resident of Manhattan. 11. Plaintiff Richmond Appiah is an African-American male who, at all relevant times, was a resident of the Bronx. 12. Plaintiff Edison Quito is a Latino male who, at all relevant times, was a resident of the Bronx. 13. Plaintiff Bonacio Crespi is a Latino male who, at all relevant times, was a resident of Manhattan. 14. Plaintiff Jameel Lang is an African-American male who, at all relevant times, was a resident of Manhattan. 15. Plaintiff Luis Rios is a Latino male who, at all relevant times, was a resident of Manhattan. Case 1:19-cv-02673-VEC Document 35 Filed 01/03/20 Page 4 of 28 Defendants 16. Defendant City of New York (“Defendant City”) is a municipality created, authorized, and existing under the laws of New York State. It authorizes, maintains, directs and supervises the NYPD, which acts as its law enforcement agent and for which it is ultimately responsible. 17. The individually named defendants Police Officers “John Doe” 1-50 (“Defendant Officers”) are and were at all relevant times officers, employees and agents of the NYPD who acted under color of state law and within the scope of his or her employment. Each individual defendant is sued in his or her individual and official capacity. VI. STATEMENT OF FACTS 1. NYPD’s Pattern and Practice of Unlawful Searches and Seizures 18. The named Plaintiffs and the class they represent are not the first victims of NYPD’s clear pattern and practice of conducting unlawful searches and seizures. 19. The City has long known that the NYPD maintains unconstitutional policies and practices surrounding the illegal stop and search of its residents. A clear history of civil rights cases, verdicts and settlements, independent monitors and consent decrees have long put the City on notice of these issues. For example: a. 1999: The Office of the Attorney General (“OAG”) released a report on NYPD’s stop and frisk program, following a comprehensive study of stop and frisk data. The OAG report found broad racial disparities in stop and frisk rates, and a pattern of underreporting such stops by NYPD officers. b. 2003: The City reached a settlement in Daniels, et al., v. The City of New York, et al. , which challenged the NYPD’s unconstitutional stop and frisk Case 1:19-cv-02673-VEC Document 35 Filed 01/03/20 Page 5 of 28 practices and the impermissible use of race and/or national origin as the determining factor in executing such stops. The Stipulated Settlement mandated that the NYPD to adopt a written policy against racial profiling, and to report quarterly data on stop and frisk activity. c. 2013: Following a trial in Floyd, et al. v. the City of New York, et al. and its companion cases, the District Court for the Southern District of New York found that the NYPD had violated the Fourth and Fourteenth Amendments by engaging in a pattern and practice of conducting unreasonable searches and systematically conducting stops and frisks in a racially discriminatory manner. 20. Concerns surrounding these practices have also consistently been reported in the media and raised before the City Council. 21. In addition to broad class actions against the NYPD on the basis of its practices, the City has also been repeatedly sued by individual citizens victimized by the NYPD’s policies. 22. As technology has developed, agency practice has adapted to allow officers to conduct comprehensive searches of City databases from remote locations, including patrol cars. 23. This development along with corresponding policy changes, led, upon information and belief, to a practice of encouraging officers to detain people for the purpose of conducting warrant searches when no reasonable suspicion for such detention exists. 24. NYPD officials possessing authority to establish police procedures instructed line officers to adhere to this policy and practice even when no reasonable suspicion for such Case 1:19-cv-02673-VEC Document 35 Filed 01/03/20 Page 6 of 28 detention exists. The practice is so persistent and widespread that it constitutes a custom that was known to policy-making officials at NYPD. 25. Beyond the custom of the Department, NYPD officials failed to properly train and supervise police officers regarding the unconstitutionality and impropriety of detaining persons for the purpose of conducting warrant searches when no reasonable suspicion for such detention exists. NYPD officials knew to a moral certainty that police officers would confront situations where they (1) were tempted to detain an individual even when no reasonable suspicion for that detention existed and (2) had detained an individual to conduct a stop-and-frisk or other search based on a reasonable suspicion, but that suspicion was entirely extinguished when the stop-and-frisk or other search produced no drugs, weapons or contraband of any kind. This failure to train or supervise amounts to deliberate indifference to the rights of Plaintiffs and the other members of the Plaintiff classes, who were predictably and unlawfully detained for purposes of conducting a warrant search when they came into contact with police offers employed by the NYPD. 26. The NYPD persistently fails to discipline police offers who follow the custom and practice. When faced with a clear pattern of police officers conducting such unlawful detentions for the purpose of conducting warrant searches, the NYPD did not investigate or discipline those officers, thereby acquiescing in and tacitly authorizing the police officers’ unlawful actions. 27. At all relevant times, the Department has made at least two databases available to officers conducting searches for warrants during unconstitutional stops: The Domain Awareness System (“DAS”) and the Z FINEST system. Case 1:19-cv-02673-VEC Document 35 Filed 01/03/20 Page 7 of 28 28. The NYPD’s Domain Awareness System (DAS) is a searchable citywide database available from mobile smartphones, tablet devices and precinct desktops that contains at least two million warrants, 11 million arrest records, and 100 million summonses. 29. The NYPD Z FINEST system contains warrant and summons information that, on information and belief, officers may search by calling either the NYPD’s Administrative Impact Office or Central Dispatch to request a search by name and/or license number.
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