Case: NAACP Delaware State Conference of Branches v. City of Wilmington

1:23-cv-01205 | U.S. District Court for the District of Delaware

Filed Date: Oct. 24, 2023

Case Ongoing

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Case Summary

This case concerns the constitutionality of the Wilmington Police Department (“WPD”)’s police practices. On October 24, 2023, the Delaware affiliate of the NAACP (“NAACP-DE”) and two individual Wilmington residents filed a class action lawsuit in the United States District Court for the District of Delaware. Represented by the ACLU-Delaware and private counsel, plaintiffs sued the City of Wilmington (“City”), the mayor, and the WPD Chief under 42 U.S.C. § 1983 and Title VI of the Civil Rights A…

The complaint alleged that the WPD violated the Fourth Amendment by stopping, searching, and arresting individuals without probable cause; engaged in racial profiling in violation of the Fourteenth Amendment’s Equal Protection Clause; and allowed probation officers to search homes and vehicles in violation of Delaware state law. The plaintiffs further alleged that WPD officers covered up constitutional violations through poor record-keeping, fabricated their reasoning for obtaining warrants, and failed to investigate or discipline officers who engaged in unconstitutional conduct.

The plaintiffs sought declaratory and injunctive relief, a court-appointed monitor, attorneys’ fees and costs, and class certification for “persons who have suffered and who, without judicial relief, will suffer violations of their Fourth and Fourteenth Amendment rights due to illegal stops, frisks, searches and arrests, and by racially discriminatory law enforcement policies and practices.”

The case is ongoing as of November 24, 2023.

Summary Authors

Sophia Acker (11/24/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/67912087/parties/naacp-delaware-state-conference-of-branches-v-city-of-wilmington/

Attorney for Plaintiff

Bensing, Dwayne Julian (Delaware)

Freedman, John A. (Delaware)

Johnson, Andrew C. (Delaware)

Attorney for Defendant

Farnan, Kelly E. (Delaware)

Metzler, Sara M. (Delaware)

Attorney for Plaintiff

Bensing, Dwayne Julian (Delaware)

Freedman, John A. (Delaware)

Johnson, Andrew C. (Delaware)

Porter, Jocelyn (Delaware)

Rudovsky, David (Delaware)

Shores, Laura S. (Delaware)

Attorney for Defendant

Farnan, Kelly E. (Delaware)

Metzler, Sara M. (Delaware)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 1:23-cv-01205	Class Action Complaint Delaware v. Wilmington	Oct. 24, 2023	Oct. 24, 2023 Complaint

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/67912087/naacp-delaware-state-conference-of-branches-v-city-of-wilmington/

Last updated April 12, 2026, 4:44 a.m.

ECF Number	Date	Description	Link
1	Oct. 24, 2023	COMPLAINT filed against Wilfredo Campos, City of Wilmington, and Michael Purzycki (Filing fee $ 402, receipt number BDEDC-4256034.) - filed by NAACP Delaware State Conference of Branches, Lamotte Johns, and Tranecka Charles. (Attachments: # 1 Civil Cover Sheet)(mkr) (Entered: 10/25/2023) 1 Civil Cover Sheet View on RECAP	RECAP
2	Oct. 24, 2023	Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (mkr) (Entered: 10/25/2023)	RECAP
3	Oct. 25, 2023	Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by NAACP Delaware State Conference of Branches. (Bensing, Dwayne) (Entered: 10/25/2023)	RECAP
	Oct. 25, 2023	DEFICIENCY NOTICE issued by the Court to Plaintiff: Pursuant to Fed. R. Civ. P. 7.1 (b)(1), A party must: (1) file the disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. Counsel is requested to supplement the docket with an appropriate Rule 7.1 Disclosure Statement. (mkr)
	Oct. 25, 2023	No Summons Issued
	Oct. 25, 2023	Deficiency Notice - No 7.1 Statement Filed
	Oct. 25, 2023	No Summons Issued. (mkr)
4	Oct. 27, 2023	MOTION for Pro Hac Vice Appearance of Attorney John A. Freedman, Laura S. Shores, Jocelyn Porter - filed by NAACP Delaware State Conference of Branches. (Attachments: # 1 Certificate of Compliance, # 2 Certificate of Compliance)(Bensing, Dwayne) (Entered: 10/27/2023)	RECAP
5	Oct. 27, 2023	MOTION for Pro Hac Vice Appearance of Attorney David Rudovsky - filed by NAACP Delaware State Conference of Branches. (Bensing, Dwayne) (Entered: 10/27/2023)	RECAP
	Nov. 1, 2023	Case Assigned/Reassigned
	Nov. 1, 2023	Case Assigned to Judge Gregory B. Williams. Please include the initials of the Judge (GBW) after the case number on all documents filed. (nms)
	Nov. 2, 2023	SO ORDERED
	Nov. 2, 2023	SO ORDERED, re 5 MOTION for Pro Hac Vice Appearance of Attorney David Rudovsky filed by NAACP Delaware State Conference of Branches, 4 MOTION for Pro Hac Vice Appearance of Attorney John A. Freedman, Laura S. Shores, Jocelyn Porter filed by NAACP Delaware State Conference of Branches. Signed by Judge Gregory B. Williams on 11/2/23. (ntl)
6	Nov. 8, 2023	WAIVER OF SERVICE returned executed by NAACP Delaware State Conference of Branches: For City of Wilmington waiver sent on 11/3/2023, answer due 1/2/2024. (Attachments: # 1 Notice of Waiver of Summons)(Bensing, Dwayne) (Entered: 11/08/2023)	RECAP
	Dec. 18, 2023	Add Attorneys - PHV only
	Dec. 18, 2023	Pro Hac Vice Attorneys John A. Freedman and Jocelyn Porter for NAACP Delaware State Conference of Branches added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb)
	Dec. 21, 2023	Add Attorneys - PHV only
	Dec. 21, 2023	Pro Hac Vice Attorney David Rudovsky for NAACP Delaware State Conference of Branches added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb)
7	Dec. 29, 2023	STIPULATION TO EXTEND TIME to answer, move or otherwise respond to Plaintiffs' Complaint to January 10, 2024 - filed by Wilfredo Campos, City of Wilmington, Michael Purzycki. (Farnan, Kelly) (Entered: 12/29/2023)	RECAP
	Jan. 2, 2024	Add Attorneys - PHV only
	Jan. 2, 2024	SO ORDERED
	Jan. 2, 2024	Pro Hac Vice Attorney Laura S. Shores for NAACP Delaware State Conference of Branches added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb)
	Jan. 2, 2024	SO ORDERED, re 7 STIPULATION TO EXTEND TIME to answer, move or otherwise respond to Plaintiffs' Complaint to January 10, 2024 filed by Michael Purzycki, City of Wilmington, Wilfredo Campos. Signed by Judge Gregory B. Williams on 1/2/24. (ntl)
8	Jan. 10, 2024	MOTION to Dismiss for Failure to State a Claim or, in the Alternative, to Strike the Class Certification Allegations - filed by Wilfredo Campos, City of Wilmington, Michael Purzycki. (Attachments: # 1 Text of Proposed Order)(Farnan, Kelly) (Entered: 01/10/2024)	RECAP
9	Jan. 10, 2024	OPENING BRIEF in Support re 8 MOTION to Dismiss for Failure to State a Claim or, in the Alternative, to Strike the Class Certification Allegations filed by Wilfredo Campos, City of Wilmington, Michael Purzycki.Answering Brief/Response due date per Local Rules is 1/24/2024. (Farnan, Kelly) (Entered: 01/10/2024)	RECAP
10	Jan. 23, 2024	Joint STIPULATION TO EXTEND TIME January 24, 2024 to January 31, 2024 - filed by NAACP Delaware State Conference of Branches. (Bensing, Dwayne) (Entered: 01/23/2024)	RECAP
	Jan. 24, 2024	SO ORDERED
	Jan. 24, 2024	SO ORDERED, re 10 Joint STIPULATION TO EXTEND TIME to January 31, 2024 filed by NAACP Delaware State Conference of Branches. Signed by Judge Gregory B. Williams on 1/24/24. (ntl)
11	Jan. 31, 2024	Pro Hac Vice Fee - Credit Card Payment received for Andrew Johnson. ( Payment of $ 50, receipt number ADEDC-4326320).(Bensing, Dwayne) (Entered: 01/31/2024)	RECAP
12	Jan. 31, 2024	MOTION for Pro Hac Vice Appearance of Attorney Andrew Johnson - filed by NAACP Delaware State Conference of Branches. (Attachments: # 1 Text of Proposed Order)(Bensing, Dwayne) (Entered: 01/31/2024)	RECAP
13	Jan. 31, 2024	First AMENDED COMPLAINT against All Defendants - filed by NAACP Delaware State Conference of Branches. (Attachments: # 1 Notice of Filing Amended Complaint, # 2 Exhibit Red Line to Amended Complaint, # 3 Certificate of Service)(Bensing, Dwayne) (Entered: 01/31/2024)	RECAP
	Jan. 31, 2024	-District Court Pro Hac Vice Fee - 01 Attorney Credit Card Payment
	Feb. 1, 2024	SO ORDERED
	Feb. 1, 2024	SO ORDERED, re 12 MOTION for Pro Hac Vice Appearance of Attorney Andrew Johnson filed by NAACP Delaware State Conference of Branches. Signed by Judge Gregory B. Williams on 2/1/24. (ntl)
	Feb. 2, 2024	Add Attorneys - PHV only
	Feb. 2, 2024	Pro Hac Vice Attorney Andrew C. Johnson for NAACP Delaware State Conference of Branches added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb)
14	Feb. 9, 2024	STIPULATION TO EXTEND TIME for Defendants to Answer Plaintiffs' Amended Class Action Complaint to through and including March 6, 2024 - filed by Wilfredo Campos, City of Wilmington, Michael Purzycki. (Metzler, Sara) (Entered: 02/09/2024)	RECAP
	Feb. 13, 2024	SO ORDERED
	Feb. 13, 2024	SO ORDERED, re 14 STIPULATION TO EXTEND TIME for Defendants to Answer Plaintiffs' Amended Class Action Complaint to through and including March 6, 2024 filed by Michael Purzycki, City of Wilmington, Wilfredo Campos. Signed by Judge Gregory B. Williams on 2/13/24. (ntl)
15	March 6, 2024	MOTION to Dismiss for Failure to State a Claim or, in the Alternative, Strike Class Certification Allegations - filed by Wilfredo Campos, City of Wilmington, Michael Purzycki. (Attachments: # 1 Text of Proposed Order)(Farnan, Kelly) (Entered: 03/06/2024)	RECAP
16	March 6, 2024	OPENING BRIEF in Support re 15 MOTION to Dismiss for Failure to State a Claim or, in the Alternative, Strike Class Certification Allegations filed by Wilfredo Campos, City of Wilmington, Michael Purzycki.Answering Brief/Response due date per Local Rules is 3/20/2024. (Farnan, Kelly) (Entered: 03/06/2024)	RECAP
17	March 11, 2024	Joint STIPULATION TO EXTEND TIME To Respond To Defendant's Motion To Dismiss to April 3, 2024 - filed by NAACP Delaware State Conference of Branches. (Bensing, Dwayne) (Entered: 03/11/2024)	RECAP
	March 12, 2024	SO ORDERED
	March 12, 2024	SO ORDERED, re 17 Joint STIPULATION TO EXTEND TIME To Respond To Defendant's Motion To Dismiss to April 3, 2024 filed by NAACP Delaware State Conference of Branches. Signed by Judge Gregory B. Williams on 3/12/24. (ntl)
18	April 3, 2024	ORAL ORDER: In light of Plaintiffs' filing of the First Amended Complaint (see D.I. 13), IT IS HEREBY ORDERED that Defendants' Motion to Dismiss for Failure to State a Claim (D.I. 8) is DENIED AS MOOT. ORDERED by Judge Gregory B. Williams on 04/03/2024. (ntl) (Entered: 04/03/2024)	RECAP
19	April 3, 2024	RESPONSE to Motion re 15 MOTION to Dismiss for Failure to State a Claim or, in the Alternative, Strike Class Certification Allegations filed by NAACP Delaware State Conference of Branches. (Attachments: # 1 Certificate of Service)(Bensing, Dwayne) (Entered: 04/03/2024)	RECAP
	April 3, 2024	Order
20	April 8, 2024	STIPULATION and Proposed Order for Extension of Time for Defendants to file a reply brief in further support of their motion to dismiss is extended through and including April 17, 2024 and that the page limits for Defendants' reply brief shall be eleven (11) pages re 15 MOTION to Dismiss for Failure to State a Claim or, in the Alternative, Strike Class Certification Allegations by Wilfredo Campos, City of Wilmington, Michael Purzycki. (Metzler, Sara) (Entered: 04/08/2024)	RECAP
	April 16, 2024	SO ORDERED
	April 16, 2024	SO ORDERED, re 20 STIPULATION and Proposed Order for Extension of Time for Defendants to file a reply brief in further support of their motion to dismiss is extended through and including April 17, 2024 and that the page limits for Defendants' reply brief shall be eleven (11) pages filed by Michael Purzycki, City of Wilmington, Wilfredo Campos. Signed by Judge Gregory B. Williams on 4/15/24. (ntl)
21	April 17, 2024	REPLY BRIEF re 15 MOTION to Dismiss for Failure to State a Claim or, in the Alternative, Strike Class Certification Allegations filed by Wilfredo Campos, City of Wilmington, Michael Purzycki. (Farnan, Kelly) (Entered: 04/17/2024)	RECAP
22	April 24, 2024	REQUEST for Oral Argument by Wilfredo Campos, City of Wilmington, Michael Purzycki re 15 MOTION to Dismiss for Failure to State a Claim or, in the Alternative, Strike Class Certification Allegations. (Metzler, Sara) (Entered: 04/24/2024)	RECAP
23	Aug. 26, 2024	NOTICE requesting Clerk to remove Andrew C. Johnson as co-counsel. Reason for request: Withdrawal of Appearance. (Bensing, Dwayne) (Entered: 08/26/2024)	RECAP
24	July 14, 2025	MEMORANDUM OPINION Denying-as-Moot, Defendants Motion to Dismiss or, in the alternative, to Strike Class Action Certification Allegation at D.I. 15. Signed by Judge Gregory B. Williams on 7/14/2025. (lnb) Modified on 7/14/2025 (lnb).	RECAP
25	July 14, 2025	ORDER re 24 Memorandum Opinion. Signed by Judge Gregory B. Williams on 7/14/2025. (lnb) (Entered: 07/14/2025)	RECAP
26	Aug. 13, 2025	NOTICE OF APPEAL of 25 Order . Appeal filed by Tranecka Charles, Lamotte Johns, NAACP Delaware State Conference of Branches. (Attachments: # 1 Certificate of Service)(Bensing, Dwayne) (Entered: 08/13/2025)	RECAP
	Aug. 13, 2025	- APPEAL - Credit Card Payment (Attorneys Only)
	Aug. 13, 2025	APPEAL - Credit Card Payment received re 26 Notice of Appeal (Third Circuit) filed by Lamotte Johns, NAACP Delaware State Conference of Branches, Tranecka Charles. ( Filing fee $605, receipt number ADEDC-4760722.) (Bensing, Dwayne)
27	Aug. 27, 2025	NOTICE of Docketing Record on Appeal from USCA for the Third Circuit re 26 Notice of Appeal (Third Circuit) filed by Lamotte Johns, NAACP Delaware State Conference of Branches, Tranecka Charles. USCA Case Number 25-2576. USCA Case Manager: James (DOCUMENT IS RESTRICTED AND CAN ONLY BE VIEWED BY COURT STAFF) (gch3) (Entered: 08/27/2025)	RECAP

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Case Details

State / Territory:

Delaware

Case Type(s):

Policing

Key Dates

Filing Date: Oct. 24, 2023

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The Delaware affiliate of the NAACP and two individuals, on behalf of persons who have suffered or will suffer Fourth and Fourteenth Amendment violations due to illegal stops, frisks, searches, arrests, and other racially discriminatory law enforcement practices by the Wilmington Police Department

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

City

City of Wilmington

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Title VI, Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.

Constitutional Clause(s):

Equal Protection

Unreasonable search and seizure

Other Dockets:

District of Delaware 1:23-cv-01205

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Failure to discipline

Failure to supervise

Incident/accident reporting & investigations

Pattern or Practice

Racial profiling

Search policies

Discrimination Area:

Disparate Treatment

Discrimination Basis:

Race discrimination

Affected National Origin/Ethnicity(s):

Hispanic

Affected Race(s):

Policing:

Recommended Citation

Case Summary of NAACP Delaware State Conference of Branches v. City of Wilmington, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/45178/ (last updated 11/24/2023).