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  • Proposed Order To Show Cause.5 22 2020.

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    Jake Offenhartz
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    Stop-and-Frisk Attorneys Ask Court to Conduct Investigation Into NYPD's Social-Distancing Enforcement Practices

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    Proposed Order to Show Cause.5 22 2020.

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    Stop-and-Frisk Attorneys Ask Court to Conduct Investigation Into NYPD's Social-Distancing Enforcement Practices

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    153 views3 pages

    Proposed Order To Show Cause.5 22 2020.

    Uploaded by

    Jake Offenhartz
    Stop-and-Frisk Attorneys Ask Court to Conduct Investigation Into NYPD's Social-Distancing Enforcement Practices

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    of 3

    UNITED STATES DISTRICT COURT

    SOUTHERN DISTRICT OF NEW YORK


    ------------------------------------------------------X
    DAVID FLOYD, et al.,
    08 Civ. 1034 (AT)
    Plaintiffs,

    -against- ORDER TO SHOW CAUSE

    THE CITY OF NEW YORK, et al.,

    Defendants.
    ------------------------------------------------------X

    Upon the declaration of Dominique Day, signed May 26, 2020, exhibits accompanying said

    declarations, and Plaintiffs’ memorandum of law annexed hereto, it is hereby:

    ORDERED that the above-named Defendants show cause before this Court, at Room

    ___, United States Courthouse, 500 Pearl Street, in Manhattan, in New York County in the State

    of New York, or via videoconference as determined by the Court, on

    ______________________________ at ______ o’clock, or as soon thereafter as

    counsel may be heard, why an order should not be issued pursuant to Rule 37 of the Federal Rules

    of Civil Procedure and this Court’s inherent equitable powers to enforce its own orders and

    judgments:

    (1) Finding Defendant City of New York to be in violation of the Court’s August 12, 2013

    Opinion and Order (Dkt # 372) and Findings and Fact and Conclusions of Law (Dkt #

    373), and the Court’s August 24, 2015 Order approving the New York Police

    Department’s (NYPD) Policy Prohibiting Racial Profiling and Bias-Based Policing (Dkt

    # 517);
    (2) Compelling the City of New York to produce all materials and information responsive to

    Plaintiffs’ outstanding discovery requests concerning the NYPD’s efforts to enforce the

    social distancing directives issued by the City and State of New York in response to the

    ongoing COVID-19 public health crisis;

    (3) Directing the Court-appointed Independent Monitor to, within thirty (30) days, (i)

    conduct an investigation and evaluation of the legality and consistency with the

    requirements of the Court’s orders of the NYPD’s social distancing enforcement efforts,

    including, but not limited to, a review of all NYPD social distancing-related

    investigative encounter, arrest and summons activity thus far, all written and verbal

    guidance on social distancing enforcement provided to NYPD rank-and-file officers by

    NYPD senior management and command-level supervisors, and all data on NYPD

    efforts to investigate and discipline officers involved in allegedly improper social

    distancing enforcement activity; (ii) share all information, data, documents, and

    conclusions pursuant to this investigation with the Plaintiffs for consultation in advance

    of reporting; and (iii) present all of his investigative findings in a report shared with the

    parties and filed publicly with the Court; and

    (4) Temporarily enjoining any further social distancing enforcement efforts by the NYPD

    pending further order of this Court, following its review and consideration of the

    Monitor’s report and the parties’ responses and upon its determination that the NYPD is

    able to enforce social distancing requirements without violating the Court’s prior orders.

    2
    ORDERED that that service by electronic mail of a copy of this order and annexed

    documents upon the Defendants’ counsel on or before ____ o’clock on ____________ shall be

    deemed good and sufficient service thereof.

    Dated: New York, NY


    May _____, 2020

    ________________________________
    U.S.D.J.

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