Velazquez v. Kurzdorfer
Civil Liberties Union
This class action federal lawsuit challenges the unconstitutional policies and practices of the NYPD School Safety Division. It was brought by a nonprofit organization and by six 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:
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.
E.D.N.Y., Index No. CV 10-0210 (direct)