X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

OPINION & ORDERJames Lynch, Lloyd Jones, and Baron Spencer bring this putative federal civil rights and common law false imprisonment class action against the City of New York. The City moves to dismiss Plaintiffs’ constitutional claims for failure to state a claim and urges this Court to decline supplemental jurisdiction over the false imprisonment claims. For the reasons that follow, the City’s motion to dismiss is denied.BACKGROUNDThis case concerns the constitutionality of pre-trial detention of people who have obtained judicial orders entitling them to release upon paying bail. In New York, “cash bail in the amount designated in the order fixing bail may be posted” at any time after an individual has been committed to custody. N.Y. Crim. Proc. Law §520.15(1). And “[u]pon proof of the deposit of the designated amount,” the detainee “must be forthwith released from custody.” N.Y. Crim. Proc. Law §520.15(1). The following is drawn from the allegations in the Complaint, which are presumed true for purposes of this motion.In broad strokes, the Complaint alleges that the City’s byzantine and dysfunctional procedures for bail payment and release result in unreasonably lengthy delays in permitting bail to be posted and subsequently releasing detainees for whom bail has been paid. Although bail may be paid at the courthouse after the arraignment judge fixes the amount, Plaintiffs assert that the City routinely transports defendants to Department of Correction (“DOC”) facilities as a matter of administrative convenience before friends and family have the opportunity to post bail. (Compl., ECF No. 1,

24-26.) Once a defendant arrives at a DOC facility, a 12-to 22-hour intake process begins, during which the defendant is categorically ineligible to be released on bail. (Compl.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More

Eichen Crutchlow Zaslow LLP is a highly regarded legal firm based in Edison, New Jersey. The firm specializes in medical malpractice and per...


Apply Now ›

The George Washington University Law School invites applications for multiple tenure-track or tenured faculty appointments, at the rank of A...


Apply Now ›

Gordon Rees Scully Mansukhani has an immediate opening for experienced Employment Attorneys in its Los Angeles and Ventura offices. Candida...


Apply Now ›
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›