Claims Against NYPD and NYCHA for Stop-and-Frisk Actions Can Proceed

Nine plaintiffs sued NYPD and NYCHA, claiming that the procedures they used to prevent trespassing at public housing properties resulted in a widespread pattern of unlawful and unconstitutional stops, questioning, frisks, searches, and arrests of NYCHA residents and their invited guests. The city asked the court to dismiss the case without a trial. The court ruled for the city in part but found that plaintiffs could go forward with Fourth Amendment claims based on the city's failure to satisfy the requirement that police make stops only based on reasonable suspicion of criminal activity.

Davis v. City of New York: No. 10 Civ. 0699, 2012 WL 4813837 (SDNY; 10/9/12; Scheindlin, DJ)