Davis et al v. The City of New York et al

Filing 268

OPINION & ORDER re: 226 MOTION for Summary Judgment on Plaintiffs' Claims Against the City filed by The City of New York, 240 MOTION for Partial Summary Judgment filed by Rikia Evans, Vaughn Frederick, Patrick Littlejohn, Lashaun Smit h, Raymond Osorio, Shawne Jones, Andrew Washington, Eleanor Britt, Roman Jackson, Hector Suarez, Kristin Johnson. ORDER on Motion to Vacate, Set Aside or Correct Sentence (28 U.S.C. 2255).The City's, NYCHAs, and plaintiffs motions for summary ju dgmentare granted in part and denied in part: (1) The City's and plaintiffs' motions for summary judgment on plaintiffs' Fourth Amendment claims are denied, leaving the remaining arrested plaintiffs with viable claims. (2) The City 9;s motion for summary judgment on the remaining arrested plaintiffs' Fourteenth Amendment equal protection claims is denied. (3) The City's motion for summary judgment on resident plaintiffs' Fourteenth Amendment equal protection, Tit le VI, section 1981, and FHA claims is denied, leaving Evans and Littlejohn with viable claims. (4) The City's motion for summary judgment on plaintiffs' remaining NYSC claims is granted. (5) NYCHA's motion for summary judgment on plai ntiffs' remaining race discrimination claims is granted. (6) NYCHA's motion for summary judgment on plaintiffs' USHA claim is denied, leaving all remaining resident plaintiffs (Britt, Evans, Littlejohn, Jones, and Suarez) with viable claims. The Clerk of the Court is directed to close these motions [Docket Nos. 226, 240]. A conference is scheduled for April 5, 2013 at 4:30p.m. (Signed by Judge Shira A. Scheindlin on 3/28/2013) (tro)