In a Movement and memorandum Placed Thursday, the city argued that the complaint of the putative class was suffering from many faults, asking that the court rejects it with prejudice.
“In an initial question, this assertion supposes that no individual in the database is in fact a member of a” gang “, a crew” or a “criminal group” – which would be a bizarre affirmation that complainants cannot do, “said the city.” Thus, while the complaint supports the lack of specificity or consistency in the definition of these “criminal groups” Not, lighten that gangs do not exist. The NYPD would have reasons for the inclusion of real gang members in the database. “
The city also argued in its file that the allegations mentioned the past misdeeds, but only speculated them on future damage and were also not adapted to a collective appeal because allegations would require an individualized de facto investigation for each member of the class.
Three anonymous complainants, identified as black men aged 27 and 31, filed the complaint In April, saying that they were each on the list for about a decade, despite the members of a criminal organization.
An applicant was listed as a member of the active gang despite his job as an emergency medical technician for the New York fire service, according to the trial. Two others allegedly alleged that the police arrested them frequently or held them for hours to question them.
The collective appeal, filed with the New York Federal Court, challenges the largest database of criminal groups in the country's police department, that NYPD has maintained is a key tool for investigators. However, 99% of the more than 13,000 people labeled as members of active gangs on the list are black or Latinos, some 13 years old, according to the complainants.
The complainants are represented by Ballard Spahr LLP and Several non -profit groups. They allegedly alleged that the conduct of the NYPD had violated the first, fourth and 14th amendments, similar provisions in the constitution of the State and a ban from New York to a biased police. He seeks to prevent the city from using or updated the list.
Thursday, the city argued that if complaints are authorized to continue, the court should not allow complainants to remain anonymous, claiming that they had not presented convincing reasons to do so and that it will put the disadvantageous city during the discovery.
The complainants are represented by Kevin Jason, Elizabeth Caldwell, Lauren Carbajal, Alexsis Johnson and Catherine Logue NAACP Legal Defense FundPhilip Desgranges, Rigodis Apping and Alexandra Ogunsanya of The Legal Aid CompanyAndrew Case and Mariana Lopez de Latinojusticeff, Anne Venuizen and Isabel Bolo de Bronx defendersAnd Samhitha Medatia, Marjorie Peerce, Samuel Erlanger, Marcel Pratt, Katherine Oaks and Christopher Hatfield of Ballard Spahr LLP.
The city and its officials are represented by Kathleen Reilly and Muriel Goode-Trifying from the New York Law Department.
The case is the complainants 1-3 et al. v. THE New York City et al., case number 1: 25-CV-02397in the American District Court for the Oriental District of New York.
– TROVIEMBER BY COVEY SON.
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