Yesterday, Judge Sweet granted in part a motion for sanctions against the City of New York and the NYPD for spoliation of evidence in a class action over the NYPD’s alleged quotas for issuing summonses even when the officers lacked probable cause.  Judge Sweet found that the City failed to implement and maintain a litigation hold which, when combined with the NYPD’s robust document destruction policies already in place, led to the destruction of key evidence.  The lack of document preservation led to little or no documents being produced for key custodians, including no emails from former Commissioner Raymond Kelly.

Continue Reading Judge Sweet Grants Sanctions Motion Against City and NYPD for Spoliation of Evidence in Summons Quota Class Action

Judge Sweet denied last week the City of New York’s request to unseal 850,000 criminal court records for putative class members in a civil rights class action against the City.  The complaint, originally filed in 2010, alleges that the City of New York and the NYPD violated the class members’ civil rights by requiring officers to meet minimum quotas of summonses issued regardless of whether a crime had occurred or probable cause existed.  The records were sealed pursuant to a privilege codified in New York’s Penal Law.  The City argued that the records should be unsealed so that defendants could identify potential class members and then seek discovery from them in order to challenge class membership.

Continue Reading Judge Sweet Won’t Unseal 850,000 Criminal Court Records in Summons Quota Class Action Against NYPD