Case: Clark v. City of New York

1:18-cv-02334 | U.S. District Court for the Southern District of New York

Filed Date: March 16, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

On March 16, 2018, the nonprofit Turning Point for Women and Families and individuals who were forced to remove their religious head coverings for post-arrest photographs while in the custody of the New York Police Department filed this class-action lawsuit in the U.S. District Court for the Southern District of New York. The plaintiffs sued the City of New York under the Religious Land Use and Institutionalized Persons Act (RLUIPA), § 1983 for violations of plaintiffs’ right to freely exercise…

On March 16, 2018, the nonprofit Turning Point for Women and Families and individuals who were forced to remove their religious head coverings for post-arrest photographs while in the custody of the New York Police Department filed this class-action lawsuit in the U.S. District Court for the Southern District of New York. The plaintiffs sued the City of New York under the Religious Land Use and Institutionalized Persons Act (RLUIPA), § 1983 for violations of plaintiffs’ right to freely exercise their religion under the First Amendment of the U.S. Constitution, and New York state law. The plaintiffs, represented by Emery Celli Brinckerhoff & Abady LLP and the Council for American-Islamic Relations New York Inc., sought injunctive relief against the challenged policy, an order stipulating the adoption of non-discriminatory post-arrest photography policy, declaratory judgment, compensatory and punitive damages, and attorney’s fees. The plaintiffs also asked the court to certify the class as all individuals who were forced to remove their religious head coverings for post-arrest photographs while in NYPD custody. Judge Robert W. Sweet was first assigned to the case and then replaced with Judge Analisa Torres.

Specifically, the lawsuit alleged that the NYPD enacted and maintained a policy of forcing individuals who wore head coverings as part of their religion to remove these coverings in order to take booking photos after being arrested and that these photos were then stored in an easily accessible NYPD database. The plaintiffs claimed that this policy violated RLUIPA and the Free Exercise Clause because it placed a substantial and undue burden on protected religious practices. In addition, they said that the forced removal of religious head coverings could be a distressing experience, and, in some cases, required individuals to violate their own religion. They further claimed that these policies were not only discriminatory and unnecessary, but that they were out of step with nationwide policies regarding post-arrest photographs.

The city filed a motion to dismiss on June 13, 2018, arguing that the plaintiffs lacked standing and failed to state a claim. Both parties filed supplemental points regarding the motion, but oral arguments were delayed based on talks of settlement agreements between the parties. On November 21, 2018, this case was related to Elsayed v. City of New York, No. 1:18-cv-10566, another case involving forced removal of religious head coverings while in NYPD custody proceeding in the Southern District of New York. On January 23, 2019, the court opened discovery and approved the parties’ jointly submitted discovery plan on February 1, 2019.

On March 24, 2019, the presiding judge passed away, with all urgent and routine case management matters assigned to Magistrate Judge Kathrine H. Parker. Discovery resumed on June 19, 2019. During this time, settlement talks were still ongoing. Judge Analisa Torres was assigned to this and the related Elsayed case on April 9, 2019, and the Elsayed case was accepted as related on January 16, 2020.  The court largely denied the city’s motion to dismiss on September 30, 2020. However, the court dismissed the plaintiffs’ claims for punitive damages because the plaintiffs conceded that the city was immune from punitive damages. One of the plaintiff’s claims for compensatory damages was dismissed for failure to file a timely notice of claim.

The parties reached a partial settlement agreement in late October, and the court approved it on November 5, 2020. This settlement included the plaintiffs and defendants both in this case and in Elsayed. Under the agreement, the City agreed to make changes to its Patrol Guide regarding its post-arrest photography policy. The agreement also awarded reasonable fees to the plaintiffs’ attorneys. It did not resolve the monetary claims of the organizational or personal plaintiffs in this case, although the parties in the Elsayed case came to a separate settlement agreement concerning monetary damages.

On February 16, 2021, the court granted the plaintiff’s motion for class certification as "a class consisting of all persons who were required to remove religious head coverings for post-arrest photographs while in NYPD custody."

The case was referred to mediation on April 5, 2021, and the parties attended several mediation conferences. On September 17, 2021, the court issued an opinion detailing its rationale for its September 30, 2020, decision to grant in part and dismiss in part the City’s motion to dismiss. 560 F.Supp.3d 732. The parties continued to engage in mediation conferences and proceeded with discovery.

On September 28, 2022, Turning Point for Women and Families and the city submitted a proposed stipulation to dismiss based on a settlement agreement, but they failed to specify that the court would retain jurisdiction for one year to enforce the agreement and did not agree to make the agreement public. The parties corrected their filing and the court dismissed Turning Point’s claims on October 13, 2022. On December 14, 2022 the Court granted plaintiff’s request to file a motion for partial summary judgment. Discovery proceeded until the plaintiffs filed for partial summary judgment on issue of liability on September 5, 2023. 

The parties met for various settlement conferences beginning September 26, 2023. On April 5, 2024 the plaintiffs filed an unopposed motion for preliminary approval of the settlement. Terms of the settlement agreement included a total of $17.5 million class fund to cover the awards to members of the class, administrative costs, and class counsel's fees and costs. The distribution amount for the class was set at $13,125,000. Named plaintiffs were awarded an incentive payment of $35,000 and class members who were deposed were awarded $7,000 in incentive payments. Class members were otherwise set to receive $7,824 or more for each instance of unlawful removal of a head covering. On April 8, Judge Torres issued an order holding in abeyance the motion for partial summary judgment.

On April 29, 2024, Judge Torres granted the motion for settlement, preliminarily approving the class action settlement. The settlement covered an estimated 3600 men and women required to remove religious attire before being photographed between March 16, 2014, and August 23, 2021.

 The deadline for exclusion and objection to the settlement was set for September 26, 2024. Class counsel were ordered to file a Plaintiff’s motion of final approval of the settlement by October 14, 2024. The parties reached a settlement in which the City was to pay the settlement costs laid out in plaintiffs' April 2024 motion for preliminary approval of settlement. In addition, defendants were ordered to pay $4,147,460 in attorneys’ fees and costs to Class Counsel. The court approved the settlement on November 18, 2024.

This case remains open pending completion of payment, at which point the case will be dismissed with prejudice.

Summary Authors

Michael Cronin (3/7/2021)

Robin Peterson (5/25/2023)

Rabeya Mallick (5/2/2024)

Renuka Wagh (1/2/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6421747/parties/clark-v-city-of-new-york/


Judge(s)
Attorney for Plaintiff

Aboushi, Tahanie (New York)

Arena, Marc (New York)

Brinckerhoff, Matthew D. (New York)

Cahn, Albert Fox (New York)

Attorney for Defendant

Brocker, Peter William (New York)

Documents in the Clearinghouse

Documents in this case

1:18-cv-02334

Docket [PACER]

Jan. 6, 2021

Jan. 6, 2021

Docket
1

1:18-cv-02334

Class Action Complaint and Jury Demand

Clark v. New York

March 16, 2018

March 16, 2018

Complaint
1

1:18-10566

Class Action Complaint and Jury Demand

Elsayed v. City of New York

Nov. 13, 2018

Nov. 13, 2018

Complaint
144

1:18-cv-02334

Order

Sept. 30, 2020

Sept. 30, 2020

Order/Opinion
153

1:18-cv-02334

1:18-10566

Stipulation and Order of Settlement

Nov. 5, 2020

Nov. 5, 2020

Settlement Agreement
157

1:18-cv-02334

Order

Feb. 16, 2021

Feb. 16, 2021

Order/Opinion
177

1:18-cv-02334

Opinion and Order

Sept. 17, 2021

Sept. 17, 2021

Order/Opinion

560 F.Supp.3d 732

337-1

1:18-cv-02334

2024 Settlement Agreement

April 5, 2024

April 5, 2024

Settlement Agreement
344

1:18-cv-02334

Order Granting Preliminary Approval of Class Action Settlement

April 29, 2024

April 29, 2024

Order/Opinion
359

1:18-cv-02334

Judgment

Nov. 20, 2024

Nov. 20, 2024

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6421747/clark-v-city-of-new-york/

Last updated Jan. 9, 2026, 11:38 a.m.

ECF Number Date Description Link
1 March 16, 2018

COMPLAINT against CITY OF NEW YORK. (Filing Fee $ 400.00, Receipt Number 0208-14819179)Document filed by Jamilla Clark, Turning Point for Women and Families, Arwa Aziz.(Wilson, Ogilvie) (Entered: 03/16/2018)

Clearinghouse
2 March 16, 2018

FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Wilson, Ogilvie) Modified on 3/19/2018 (jgo). (Entered: 03/16/2018)

RECAP
3 March 16, 2018

REQUEST FOR ISSUANCE OF SUMMONS as to City of New York, re: 1 Complaint. Document filed by Arwa Aziz, Jamilla Clark, Turning Point for Women and Families. (Wilson, Ogilvie) (Entered: 03/16/2018)

RECAP
4 March 16, 2018

NOTICE OF APPEARANCE by Emma Lerner Freeman on behalf of Arwa Aziz, Jamilla Clark, Turning Point for Women and Families. (Freeman, Emma) (Entered: 03/16/2018)

RECAP
5 March 16, 2018

NOTICE OF APPEARANCE by Albert Fox Cahn on behalf of Arwa Aziz, Jamilla Clark, Turning Point for Women and Families. (Cahn, Albert) (Entered: 03/16/2018)

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6 March 19, 2018

CIVIL COVER SHEET filed. (Wilson, Ogilvie) (Entered: 03/19/2018)

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7 March 19, 2018

ELECTRONIC SUMMONS ISSUED as to City of New York. (jgo) (Entered: 03/19/2018)

RECAP
March 19, 2018

***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Ogilvie Andrew Fraser Wilson to RE-FILE Document No. 2 Civil Cover Sheet. The filing is deficient for the following reason(s): Origin Code 2a must only be selected when Origin Code 2 is selected;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located athttp://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo)

March 19, 2018

Notice to Attorney Regarding Deficient Civil Cover Sheet

March 19, 2018

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Ogilvie Andrew Fraser Wilson. The party information for the following party/parties has been modified: City of New York. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps;. (jgo)

March 19, 2018

Notice to Attorney Regarding Party Modification

March 19, 2018

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Robert W. Sweet. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php. (jgo)

March 19, 2018

Case Opening Initial Assignment Notice

March 19, 2018

Magistrate Judge Katharine H. Parker is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php. (jgo)

March 19, 2018

Case Designation

March 19, 2018

Case Designated ECF. (jgo)

March 19, 2018

Case Designated ECF

8 March 27, 2018

AFFIDAVIT OF SERVICE of Summons and Complaint. City of New York served on 3/20/2018, answer due 4/10/2018. Service was accepted by Betty Mazcyk, Person Authorized to Accept Service. Document filed by Jamilla Clark; Turning Point for Women and Families; Arwa Aziz. (Wilson, Ogilvie) (Entered: 03/27/2018)

RECAP
9 April 9, 2018

NOTICE OF APPEARANCE by James Monroe Dervin on behalf of City of New York. (Dervin, James) (Entered: 04/09/2018)

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10 April 9, 2018

LETTER MOTION for Extension of Time to file an answer or otherwise respond to the complaint addressed to Judge Robert W. Sweet from James M. Dervin dated April 9, 2018. Document filed by City of New York.(Dervin, James) (Entered: 04/09/2018)

RECAP
11 April 10, 2018

ORDER granting 10 Letter Motion for Extension of Time. So Ordered. (Signed by Judge Robert W. Sweet on 4/10/2018) cc: Albert F. Cahn, Esq. Weil Gotshal & Manges, LLP (js) (Entered: 04/10/2018)

RECAP
April 10, 2018

Set/Reset Deadlines

April 10, 2018

Set/Reset Deadlines: City of New York answer due 5/9/2018. (js)

12 May 4, 2018

SECOND LETTER MOTION for Extension of Time to File Response/Reply as to 1 Complaint addressed to Judge Robert W. Sweet from Suzanna Publicker Mettham dated May 4, 2018. Document filed by City of New York.(Mettham, Suzanna) (Entered: 05/04/2018)

RECAP
13 May 7, 2018

LETTER RESPONSE to Motion addressed to Judge Robert W. Sweet from O. Andrew F. Wilson dated May 7, 2018 re: 12 SECOND LETTER MOTION for Extension of Time to File Response/Reply as to 1 Complaint addressed to Judge Robert W. Sweet from Suzanna Publicker Mettham dated May 4, 2018. . Document filed by Arwa Aziz, Jamilla Clark, Turning Point for Women and Families. (Wilson, Ogilvie) (Entered: 05/07/2018)

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15 May 7, 2018

NOTICE of Substitution of Attorney. Old Attorney: James Monroe Dervin, New Attorney: Suzanna Publicker Mettham, Address: NYC Law Department, 100 Church Street, Rm. 3-212, New York, NY, United States 10007, 2123562356. Document filed by City of New York. (Mettham, Suzanna) (Entered: 05/07/2018)

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19 May 7, 2018

PRETRIAL ORDER: Initial Conference set for 8/7/2018 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet. (Signed by Judge Robert W. Sweet on 5/7/2018) (js) (Entered: 05/16/2018)

RECAP
May 7, 2018

Notice Regarding Deleted Document

May 7, 2018

***DELETED DOCUMENT. Deleted document number 14 Pretrial Order. The document was incorrectly filed in this case. (js)

16 May 8, 2018

NOTICE OF CHANGE OF ADDRESS by Albert Fox Cahn on behalf of All Plaintiffs. New Address: CAIR-NY, 46-01 20th Avenue, Queens, New York, United States 11105, 646-665-7599. (Cahn, Albert) (Entered: 05/08/2018)

RECAP
17 May 9, 2018

MEMO ENDORSEMENT on re: 15 Notice of Substitution of Attorney, filed by City of New York. ENDORSEMENT: So ordered. (Attorney James Monroe Dervin terminated.) (Signed by Judge Robert W. Sweet on 5/8/2018) (anc) (Entered: 05/09/2018)

RECAP
18 May 9, 2018

ORDER: granting 12 Letter Motion for Extension of Time to File Response/Reply. Given the apparent significance of the complaint, the thirty day extension of time to answer or move is granted. No further extensions will be granted without good cause having been shown. So ordered. (Signed by Judge Robert W. Sweet on 5/8/2018) (ap) (Entered: 05/09/2018)

RECAP
20 June 13, 2018

FIRST MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6). Document filed by City of New York. Responses due by 6/27/2018 Return Date set for 8/7/2018 at 12:00 PM.(Mettham, Suzanna) (Entered: 06/13/2018)

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21 June 13, 2018

DECLARATION of Suzanna Publicker Mettham in Support re: 20 FIRST MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6).. Document filed by City of New York. (Attachments: # 1 Exhibit A - Complaint, # 2 Exhibit B - Aziz Notice of Claim, # 3 Exhibit C - Turning Point Website)(Mettham, Suzanna) (Entered: 06/13/2018)

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22 June 13, 2018

MEMORANDUM OF LAW in Support re: 20 FIRST MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6). . Document filed by City of New York. (Mettham, Suzanna) (Entered: 06/13/2018)

RECAP
23 June 14, 2018

ORDER. Defendant's Motion to Dismiss, dated June 14, 2018, shall be heard at 12:00PM on Wednesday, August 8, 2018, in Courtroom 18C, United States Courthouse, 500 Pearl Street. All papers shall be served in accordance with Local Civil Rule 6.1. It is so ordered. (Oral Argument set for 8/8/2018 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 6/14/2018) (rjm) (Entered: 06/15/2018)

RECAP
24 June 15, 2018

AMENDED ORDER: Defendant's Motion to Dismiss, dated June 14, 2018, shall be heard at 12:00PM on Wednesday, August 15, 2018, in Courtroom 18C, United States Courthouse, 500 Pearl Street. All papers shall be served in accordance with Local Civil Rule 6.1. Set Deadlines/Hearing as to 20 FIRST MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6): (Motion Hearing set for 8/15/2018 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 6/15/2018) (tro) (Entered: 06/15/2018)

RECAP
25 June 18, 2018

STIPULATION AND ORDER REGARDING EXTENSION OF BRIEFING SCHEDULE FOR MOTION TO DISMISS: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, that: 1. Plaintiffs' time to file papers in opposition to the motion to dismiss shall be extended to July 27, 2018. 2. Defendant's time to file reply papers in further support of the motion to dismiss shall be extended to August l0, 2018. So ordered. (Signed by Judge Robert W. Sweet on 6/18/2018) (ne) Modified on 8/30/2018 (ne). (Entered: 06/19/2018)

RECAP
June 18, 2018

Set/Reset Deadlines

June 18, 2018

Set/Reset Deadlines: Responses due by 7/27/2018 Replies due by 8/10/2018. (ne)

26 July 16, 2018

FIRST LETTER MOTION to Stay Pending Resolution of Defendants' Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) addressed to Judge Robert W. Sweet from Suzanna Publicker Mettham dated July 16, 2018. Document filed by City of New York.(Mettham, Suzanna) (Entered: 07/16/2018)

RECAP
27 July 18, 2018

AMENDED ORDER: Defendant's motion to stay discovery, dated July 16, 2018, shall be heard concurrently with its motion to dismiss, at 12:00PM on Wednesday, August 15, 2018, in Courtroom 18C, United States Courthouse, 500 Pearl Street. All papers shall be served in accordance with Local Civil Rule 6.1. IT IS SO ORDERED., Set Deadlines/Hearing as to 20 FIRST MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6)., 26 FIRST LETTER MOTION to Stay Pending Resolution of Defendants' Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) addressed to Judge Robert W. Sweet from Suzanna Publicker Mettham dated July 16, 2018. :( Motion Hearing set for 8/15/2018 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 7/18/2018) (ama) Modified on 7/18/2018 (ama). (Entered: 07/18/2018)

RECAP
28 July 20, 2018

JOINT LETTER MOTION for Conference re: 27 Order,,,, Set Motion and R&R Deadlines/Hearings,,, Requesting Initial Conference to be Adjourned to August 15, 2018 addressed to Judge Robert W. Sweet from Emma Freeman dated July 20, 2018. Document filed by Arwa Aziz, Jamilla Clark, Turning Point for Women and Families.(Freeman, Emma) (Entered: 07/20/2018)

RECAP
29 July 23, 2018

LETTER RESPONSE in Opposition to Motion addressed to Judge Robert W. Sweet from Emma L. Freeman dated July 23, 2018 re: 26 FIRST LETTER MOTION to Stay Pending Resolution of Defendants' Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) addressed to Judge Robert W. Sweet from Suzanna Publicker Mettham dated July 16, 2018. . Document filed by Arwa Aziz, Jamilla Clark, Turning Point for Women and Families. (Freeman, Emma) (Entered: 07/23/2018)

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30 July 24, 2018

ORDER granting 28 Letter Motion for Conference. So ordered. Initial Conference set for 8/15/2018 at 12:00 PM before Judge Robert W. Sweet. (Signed by Judge Robert W. Sweet on 7/23/2018) (cf) (Entered: 07/24/2018)

RECAP
31 July 27, 2018

MEMORANDUM OF LAW in Opposition re: 20 FIRST MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6). . Document filed by Arwa Aziz, Jamilla Clark, Turning Point for Women and Families. (Freeman, Emma) (Entered: 07/27/2018)

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32 July 27, 2018

NOTICE OF APPEARANCE by Bilal Husain Haider on behalf of City of New York. (Haider, Bilal) (Entered: 07/27/2018)

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33 Aug. 10, 2018

DECLARATION of Suzanna Publicker Mettham in Support re: 20 FIRST MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6).. Document filed by City of New York. (Attachments: # 1 Exhibit D - Clark Certificate of Disposition, # 2 Exhibit E - Aziz Certificate of Disposition)(Mettham, Suzanna) (Entered: 08/10/2018)

RECAP
34 Aug. 10, 2018

REPLY MEMORANDUM OF LAW in Support re: 20 FIRST MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6). . Document filed by City of New York. (Mettham, Suzanna) (Entered: 08/10/2018)

RECAP
35 Aug. 21, 2018

TRANSCRIPT of Proceedings re: CONFERENCE held on 8/15/2018 before Judge Robert W. Sweet. Court Reporter/Transcriber: Anita Trombetta, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/11/2018. Redacted Transcript Deadline set for 9/21/2018. Release of Transcript Restriction set for 11/19/2018.(McGuirk, Kelly) (Entered: 08/21/2018)

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36 Aug. 21, 2018

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 8/15/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 08/21/2018)

RECAP
37 Aug. 30, 2018

JOINT LETTER MOTION for Discovery and Proposed Unsealing Order addressed to Judge Robert W. Sweet from Emma Freeman dated August 30, 2018. Document filed by Arwa Aziz, Jamilla Clark, Turning Point for Women and Families. (Attachments: # 1 Text of Proposed Order Proposed Unsealing Order)(Freeman, Emma) (Entered: 08/30/2018)

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38 Aug. 30, 2018

PROPOSED ORDER. Document filed by Arwa Aziz, Jamilla Clark, Turning Point for Women and Families. (Freeman, Emma) Proposed Order to be reviewed by Clerk's Office staff. (Entered: 08/30/2018)

RECAP
Aug. 30, 2018

Notice to Court Regarding Proposed Order

Aug. 30, 2018

***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 38 Proposed Order was reviewed and approved as to form. (km)

39 Sept. 4, 2018

UNSEALING ORDER granting 37 Letter Motion for Discovery. NOW, THEREFORE, WITH THE AGREEMENT OF ALL PARTIES, IT IS HEREBY ORDERED that the statutory sealing requirements of New York Criminal Procedure Law §§ 160.50, 160.55, 160.58, 720.15, and/or 720.35 shall be held not to apply for the limited purpose of allowing the New York City Police Department to be permitted to search for and provide arrest records regarding all individuals who were (1) arrested by or in the custody of the NYPD; (2) required to take a post-arrest Booking Photograph while in any NYPD facility; and (3) required to remove any religious head covering for that Booking Photograph to Corporation Counsel of the City of New York for use in the above-captioned case only; IT IS FURTHER ORDERED THAT THE NEW YORK CITY POLICE DEPARTMENT shall provide to the Corporation Counsel of the City of New York the following information, if retained by the New York City Police Department: their most recent addresses. IT IS FURTHER ORDERED THAT ZACHARY W. CARTER, Corporation Counsel of the City of New York, or his authorized representative, may transmit any records or identifying information pertaining to members of the putative Settlement Class contained in the sealed records (including their first and last names, dates of birth, arrest numbers, NYSID numbers, and most recent addresses) to class counsel in the above-captioned case. IT IS FURTHER ORDERED THAT the use of the sealed records is restricted to use in the above-captioned action for the limited purpose defined above and in accordance with a Stipulation and Order of Confidentiality to be filed before the records and information discussed herein are transmitted. SO ORDERED. (Signed by Judge Robert W. Sweet on 9/4/2018) (ne) Transmission to Sealed Records Clerk for processing. (Entered: 09/04/2018)

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40 Sept. 7, 2018

LETTER MOTION to Stay addressed to Judge Robert W. Sweet from Suzanna Publicker Mettham dated September 7, 2018. Document filed by City of New York.(Mettham, Suzanna) (Entered: 09/07/2018)

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41 Sept. 10, 2018

ORDER granting 40 Letter Motion to Stay. So ordered. (Signed by Judge Robert W. Sweet on 9/7/2018) (anc) (Entered: 09/10/2018)

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Sept. 10, 2018

Case Stayed

Sept. 10, 2018

Case Stayed. (anc)

42 Sept. 14, 2018

PROPOSED PROTECTIVE ORDER. Document filed by Arwa Aziz, Jamilla Clark, Turning Point for Women and Families. (Freeman, Emma) (Entered: 09/14/2018)

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43 Sept. 17, 2018

STIPULATION AND PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION regarding procedures to be followed that shall govern the handling of confidential material. (Signed by Judge Robert W. Sweet on 9/14/2018) (jwh) (Entered: 09/17/2018)

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44 Oct. 5, 2018

STATUS REPORT. Regarding Settlement and Request for Leave to File Additional Motion Points Document filed by City of New York.(Mettham, Suzanna) (Entered: 10/05/2018)

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45 Oct. 17, 2018

MEMO ENDORSEMENT on re: 44 Status Report filed by City of New York. ENDORSEMENT: the motion will be heard on October 31 at noon or on each of the Wednesday agreed upon by counsel. So Ordered. (Signed by Judge Robert W. Sweet on 10/16/2018) (js) (Entered: 10/17/2018)

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46 Oct. 19, 2018

STATUS REPORT. Regarding Request for Leave to File Opposition to Supplemental Standing Points Document filed by Arwa Aziz, Jamilla Clark, Turning Point for Women and Families.(Freeman, Emma) (Entered: 10/19/2018)

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47 Oct. 29, 2018

MEMO ENDORSEMENT: on re: 46 Status Report filed by Arwa Aziz, Turning Point for Women and Families, Jamilla Clark. ENDORSEMENT: So Ordered. (Oral Argument set for 11/28/2018 at 12:00 PM before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 10/26/2018) (js) (Entered: 10/29/2018)

RECAP
48 Nov. 27, 2018

LETTER MOTION to Adjourn Conference /Oral argument on November 28, 2018 addressed to Judge Robert W. Sweet from Rachel Seligman Weiss dated November 27, 2018. Document filed by City of New York.(Seligman, Rachel) (Entered: 11/27/2018)

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49 Nov. 28, 2018

MOTION for Suzanna Publicker Mettham to Withdraw as Attorney . Document filed by City of New York.(Mettham, Suzanna) (Entered: 11/28/2018)

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50 Nov. 28, 2018

DECLARATION of Suzanna Publicker Mettham in Support re: 49 MOTION for Suzanna Publicker Mettham to Withdraw as Attorney .. Document filed by City of New York. (Attachments: # 1 Text of Proposed Order)(Mettham, Suzanna) (Entered: 11/28/2018)

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51 Nov. 28, 2018

ORDER granting 48 Letter Motion to Adjourn Conference. So Ordered. (Signed by Judge Robert W. Sweet on 11/28/2018) (js) (Entered: 11/28/2018)

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52 Nov. 30, 2018

NOTICE OF MOTION OF SUZANNA PUBLICKER METTHAM TO WITHDRAW AS ATTORNEY granting 49 Motion to Withdraw as Attorney. SO ORDERED. Attorney Suzanna Publicker Mettham terminated. (Signed by Judge Robert W. Sweet on 11/29/2018) (jca) (Entered: 11/30/2018)

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53 Dec. 11, 2018

NOTICE OF APPEARANCE by Samantha Rena Millar on behalf of City of New York. (Millar, Samantha) (Entered: 12/11/2018)

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54 Dec. 11, 2018

LETTER MOTION to Adjourn Conference /Oral Argument on December 12, 2018 addressed to Judge Robert W. Sweet from Rachel Seligman Weiss dated December 11, 2018. Document filed by City of New York.(Seligman, Rachel) (Entered: 12/11/2018)

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55 Dec. 11, 2018

LETTER RESPONSE in Opposition to Motion addressed to Judge Robert W. Sweet from Emma L. Freeman dated December 11, 2018 re: 54 LETTER MOTION to Adjourn Conference /Oral Argument on December 12, 2018 addressed to Judge Robert W. Sweet from Rachel Seligman Weiss dated December 11, 2018. . Document filed by Arwa Aziz, Jamilla Clark, Turning Point for Women and Families. (Freeman, Emma) (Entered: 12/11/2018)

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56 Dec. 13, 2018

ORDER granting 54 Letter Motion to Adjourn Conference. SO ORDERED. (Signed by Judge Robert W. Sweet on 12/12/2018) (jca) (Entered: 12/13/2018)

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57 Jan. 7, 2019

LETTER MOTION for Discovery to Proceed addressed to Judge Robert W. Sweet from Emma Freeman dated January 7, 2019. Document filed by Arwa Aziz, Jamilla Clark, Turning Point for Women and Families.(Freeman, Emma) (Entered: 01/07/2019)

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58 Jan. 10, 2019

LETTER RESPONSE to Motion addressed to Judge Robert W. Sweet from Bilal Haider dated January 10, 2019 re: 57 LETTER MOTION for Discovery to Proceed addressed to Judge Robert W. Sweet from Emma Freeman dated January 7, 2019. . Document filed by City of New York. (Haider, Bilal) (Entered: 01/10/2019)

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59 Jan. 29, 2019

JOINT LETTER MOTION for Discovery Proposed Discovery Plan addressed to Judge Robert W. Sweet from Emma L. Freeman dated January 29, 2019. Document filed by Arwa Aziz, Jamilla Clark, Turning Point for Women and Families.(Freeman, Emma) (Entered: 01/29/2019)

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60 Jan. 31, 2019

NOTICE OF CHANGE OF ADDRESS by Albert Fox Cahn on behalf of All Plaintiffs. New Address: Surveillance Technology Oversight Project, 80 Dekalb Avenue, #15C, Brooklyn, NY, USA 11201, 571-766-6273. (Cahn, Albert) (Entered: 01/31/2019)

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61 Feb. 1, 2019

ORDER granting 59 Letter Motion for Discovery. So Ordered. (Signed by Judge Robert W. Sweet on 1/30/2019) (js) (Entered: 02/01/2019)

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Feb. 1, 2019

Set/Reset Deadlines

Feb. 1, 2019

Set/Reset Deadlines: Discovery due by 9/13/2019. Fact Discovery due by 7/31/2019. Motions due by 10/31/2019. (js)

62 Feb. 20, 2019

LETTER MOTION to Adjourn Conference /Oral Argument scheduled for 2/27/19 addressed to Judge Robert W. Sweet from Bilal Haider. Document filed by City of New York.(Haider, Bilal) (Entered: 02/20/2019)

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63 Feb. 22, 2019

ORDER granting 62 Letter Motion to Adjourn Conference. SO ORDERED. (Signed by Judge Robert W. Sweet on 2/21/2019) (ks) (Entered: 02/22/2019)

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64 Feb. 25, 2019

MEMO ENDORSEMENT on re: 62 LETTER MOTION to Adjourn Conference /Oral Argument scheduled for 2/27/19 addressed to Judge Robert W. Sweet from Bilal Haider. filed by City of New York. ENDORSEMENT: Motion adjourned to April 3, 2019. So Ordered. (Signed by Judge Robert W. Sweet on 2/25/2019) (ks) (Entered: 02/26/2019)

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Feb. 25, 2019

Set Motion and R&R Deadlines/Hearings

Feb. 25, 2019

Set/Reset Deadlines as to Motion Hearing set for 4/3/2019 at 12:00 PM before Judge Robert W. Sweet. (ks)

65 March 20, 2019

NOTICE OF CHANGE OF ADDRESS by Albert Fox Cahn on behalf of All Plaintiffs. New Address: Surveillance Technology Oversight Project, 40 Rector Street, 9th Floor, New York, NY, US 10006, 646-665-7599 ext. 503. (Cahn, Albert) (Entered: 03/20/2019)

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66 March 27, 2019

DIRECTION TO THE BAR AND INTERIM ORDER OF REFERENCE: The Hon. Robert W. Sweet of this court having died on March 24, 2019; and Time being needed in order to effect the reassignment of the cases on his docket: IT IS HEREBY ORDERED THAT, pending the reassignment of Judge Sweet's civil cases, all urgent matters should be taken either to the Magistrate Judge who is assigned to the case or to the District Judge sitting in Part I. In cases in which Judge Sweet did not sign an order of reference, this order operates as an interim order of reference to the Magistrate Judge for interim pre-trial supervision. Routine case management requests (such as, for extension of time) should be directed to the Magistrate Judge, not to the Part I Judge. Referred to Magistrate Judge Katharine H. Parker. (Signed by Judge Colleen McMahon on 3/27/2019) (cf) (Entered: 03/28/2019)

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67 March 28, 2019

ORDER SCHEDULING CASE MANAGEMENT CONFERENCE, A case management conference in this matter is hereby scheduled for May 7, 2019 at 4:00 p.m. in Courtroom 17D, United States Courthouse, 500 Pearl Street, New York, New York. SO ORDERED. (Case Management Conference set for 5/7/2019 at 04:00 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 3/28/19) (yv) (Entered: 03/28/2019)

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68 April 1, 2019

JOINT LETTER addressed to Magistrate Judge Katharine H. Parker from Emma L. Freeman dated April 1, 2019 re: Joint Request for Adjournment of Oral Argument. Document filed by Arwa Aziz, Jamilla Clark, Turning Point for Women and Families.(Freeman, Emma) (Entered: 04/01/2019)

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69 April 1, 2019

MEMO ENDORSEMENT on re: 68 Letter Request for Adjournment of Oral Argument, filed by Arwa Aziz, Turning Point for Women and Families, Jamilla Clark. ENDORSEMENT: APPLICATION GRANTED: The Oral Argument on Defendant's motion to dismiss - presently scheduled for April 3, 2019 (ECF #64) will now be addressed at the Case Management Conference scheduled for Tuesday, May 7, 2019 at 4:00 p.m. in courtroom 17-D, United States Courthouse, 500 Pearl Street, New York, New York. Application Granted. (Signed by Magistrate Judge Katharine H. Parker on 4/1/19) (yv) (Entered: 04/01/2019)

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70 April 2, 2019

ORDER: The parties are requested to confer regarding consent to the jurisdiction of a Magistrate Judge for all purposes. To the extent the parties agree to proceed before a Magistrate Judge for all purposes pursuant to 28 U.S.C. § 636(c), they should complete a Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, a copy of which is attached to this Order, as further set forth in this order. (Signed by Magistrate Judge Katharine H. Parker on 3/28/2019) (jwh) (Entered: 04/02/2019)

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71 April 4, 2019

JOINT LETTER addressed to Magistrate Judge Katharine H. Parker from Emma L. Freeman dated April 4, 2019 re: Letter Regarding Magistrate Judge Jurisdiction. Document filed by Arwa Aziz, Jamilla Clark, Turning Point for Women and Families.(Freeman, Emma) (Entered: 04/04/2019)

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72 April 9, 2019

ORDER: It is hereby ORDERED that by April 16, 2019, the parties shall file a joint letter advising the Court of the history, posture, and status of the case. The letter shall explain the status of all outstanding motions and shall explain any motions the parties currently foresee filing in the future. The letter shall contain citations to the docket and shall not exceed five single-spaced pages in length. SO ORDERED. (Signed by Judge Analisa Torres on 4/9/2019) (ks) (Entered: 04/09/2019)

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April 9, 2019

Notice of Case Assignment/Reassignment

April 9, 2019

NOTICE OF CASE REASSIGNMENT to Judge Analisa Torres. Judge Robert W. Sweet is no longer assigned to the case. (sjo)

73 April 15, 2019

JOINT LETTER addressed to Judge Analisa Torres from Emma L. Freeman dated April 15, 2019 re: Letter Regarding Case Status. Document filed by Arwa Aziz, Jamilla Clark, Turning Point for Women and Families.(Freeman, Emma) (Entered: 04/15/2019)

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74 April 15, 2019

MEMO ENDORSEMENT on re: 73 Letter filed by Arwa Aziz, Turning Point for Women and Families, Jamilla Clark. ENDORSEMENT: Having reviewed the parties' joint letter, it is hereby ORDERED that by May 16, 2019, the parties shall filea joint status report regarding settlement. If the parties have not reached a settlement in principle by that time, the Court will direct the patties to submit a proposed case management plan in accordance with its Individual Practices in Civil Cases. (Signed by Judge Analisa Torres on 4/15/2019) (cf) (Entered: 04/15/2019)

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75 April 25, 2019

JOINT LETTER addressed to Magistrate Judge Katharine H. Parker from Emma L. Freeman dated April 25, 2019 re: REQUEST FOR ADJOURNMENT OF CONFERENCE ON MAY 7, 2019. Document filed by Arwa Aziz, Jamilla Clark, Turning Point for Women and Families.(Freeman, Emma) (Entered: 04/25/2019)

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Case Details

State / Territory:

New York

Case Type(s):

Policing

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: March 16, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All persons who were required to remove religious head coverings for post-arrest photographs while in NYPD custody

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Attorney Organizations:

Council on American-Islamic Relations (CAIR)

Emery Celli Brinckerhoff & Abady LLP

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City

City of New York

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)

State law

Constitutional Clause(s):

Free Exercise Clause

Other Dockets:

Southern District of New York 1:18-cv-02334

Southern District of New York 1:18-10566

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Discrimination Prohibition

Reporting

Training

Amount Defendant Pays: $21,766,460

Issues

General/Misc.:

Religious programs / policies

Discrimination Basis:

Religion discrimination

Affected National Origin/Ethnicity(s):

Arab/Afgani/Middle Eastern

Recommended Citation