AELE LAW LIBRARY OF CASE SUMMARIES:
Civil Liability of
Law Enforcement Agencies & Personnel
Procedural: Class Action
Federal court certifies
a class action lawsuit on behalf of all residents of a city allegedly falsely
arrested and maliciously prosecuted for alleged violations of a loitering
law after that law had been declared unconstitutional. Casale v. Kelly,
#08 Civ. 2173, 2009 U.S. Dist. Lexis 50304 (S.D.N.Y.).
Federal court certifies
class action status for lawsuit brought by former Chicago post-arrest detainees
who claimed that they were subject to improperly long interrogation room
confinement, deprived of sleep accommodations, and held for over 48 hours
before receiving a probable cause hearing. Dunn v. City of Chicago, No.
04-C-6804, 231 F.R.D. 367 (N.D. Ill. 2005). [N/R]
Certification of class action challenging
City of Chicago's past procedures for retrieval of property seized during
custodial arrests upheld, despite apparent change in policy and city's
attempt to make the case moot by returning $172 in funds seized from the
two named representative plaintiff arrestees. Plaintiffs sought, in addition
to return of funds, interest, compensatory damages, and attorneys' fees.
Gates v. Towery, No. 05-1079, 2005 U.S. App. Lexis 25677 (7th Cir.). [2006
LR Jan]
Federal trial court declines to certify class
action on behalf of former arrestees in homicide cases who were detained,
never charged, and then released. In case claiming that city has a long-standing
policy of making arrests without probable cause in homicide cases, court
finds that proposed class did not meet the requirement that questions of
law or fact common to members of the class predominate over issues affecting
only individual members or that a class action is a superior method for
the fair and efficient resolving of the claims. Abby v. City of Detroit,
218 F.R.D. 544 (E.D. Mich. 2003). [N/R]
Neighborhood residents allegedly detained
and searched by officers en masse following basketball tournament were
properly certified as a class in a federal civil rights lawsuit challenging
the actions as unlawful and seeking damages. The fact that individual plaintiffs
might claim differing amounts of damage did not support the defendants'
motion for decertification. Williams v. Brown, 214 F.R.D. 484 (N.D. Ill.
2003). [N/R]
In a class action lawsuit against a city
and two of its officers, claiming racially discriminatory law enforcement
practices, African-American advocacy organization would be permitted to
withdraw as class representative when a civil liberties organization would
continue to adequately represent the class. In Re: Cincinnati Policing,
No. C-1-99-3170, 214 F.R.D. 221 (S.D. Ohio 2003). [N/R]
In federal
civil rights lawsuit brought by Native American anti-gambling demonstrators
alleging that state officials violated their right to equal protection
by not providing them with police protection on the reservation, the plaintiffs'
motion for class action certification was not "untimely" despite
being filed more than ten years after the lawsuit was begun, since the
trial was still not "imminent," and there had been no rulings
on the actual merits of the claims in the case. Court also rules that the
allegations in the complaint satisfied the requirements for class certification
under Federal Rule of Civil Procedure 23. Pyke v. Cuomo, 209 F.R.D. 33
(N.D.N.Y. 2002).[N/R]