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B.H. et al v. City of New York (Challenging the NYPD's school safety policies and practices)
E.D.N.Y., Index No. CV 10-0210 (direct)
This class action federal lawsuit challenges the unconstitutional policies and practices of the NYPD School Safety Division.
It was brought by five schoolchildren on behalf of themselves and all similarly situated middle and high school students in New York City public schools. The NYCLU, ACLU and the law firm of Dorsey & Whitney LLP filed the lawsuit on Jan. 20, 2010 in U.S. District Court for the Eastern District of New York.
The lawsuit challenges the NYPD School Safety Division’s policy and practice of unlawful seizing and arresting schoolchildren, in violation of the Fourth Amendment and state law. NYPD personnel manifest this conduct in three ways:
- arresting students for minor violations of school rules that are not criminal activity.
- handcuffing students and locking them in seclusion rooms in school buildings, without parental or teacher consent, absent probable cause of criminal activity.
- removing schoolchildren who misbehave in school, without parental or teacher consent, and transporting them to hospitals for emergency psychiatric evaluations.
The lawsuit also challenges the NYPD School Safety Division’s policy and practice of using excessive force against students. SSOs push, shove and grab students. In many cases, this misconduct is not pursuant to making a lawful arrest. It is to compel a student to comply with an SSO’s orders or it occurs for no legitimate purpose whatsoever. These physical altercations often escalate and result in the child’s physical injury and, in some cases, hospitalization.
The complaint documents numerous incidents in which students engaged in non-criminal conduct were handcuffed, arrested and physically assaulted by police personnel at school.
The plaintiffs seek system-wide reform. The case is currently in discovery.
Attorneys on the case include NYCLU Executive Director Donna Lieberman, Legal Director Arthur Eisenberg, Advocacy Director Udi Ofer, Senior Staff Attorney Alexis Karteron, Staff Attorney Adriana Piñón, Public Policy Counsel Johanna Miller, ACLU staff attorneys Larry Schwartztol and Aziz Ahmad, and Dorsey & Whitney Senior Attorney Joshua Colangelo-Bryan and Associate Jonathan Montcalm.
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