New York Families Win Class Certification in Fourth Amendment Lawsuit Against the City of New York

Paul, Weiss achieved a significant pro bono victory on behalf of thousands of New York City families in their civil rights class action against the City of New York when the Eastern District of New York issued a report and recommendation (R&R) granting our motion for class certification in full. 

The class action was brought on behalf of tens of thousands of families who are subject to home searches conducted each year by caseworkers from New York City’s Administration for Children’s Services (ACS). The complaint alleges that ACS caseworkers routinely use a host of coercive tactics to gain entry into the home in violation of the Fourth Amendment, which protects people from unreasonable searches and seizures by the government. The alleged tactics include threatening to remove the children or to call the police, making public scenes to neighbors and misrepresenting ACS’ authority. The class action asserts two constitutional claims against the city over ACS’ unconstitutional policy, custom or practice, and for failing to adequately train and supervise ACS caseworkers.

In their motion, the plaintiffs sought certification of a class comprised of all New York City parents or legal guardians who have been, are, and/or will be at risk of being subjected to ACS investigations in which ACS caseworkers have used, are using or will use unlawful tactics to search homes without a court order or exigent circumstances. Following oral argument on January 6, U.S. Magistrate Judge James Cho issued an R&R granting the plaintiffs’ class definition in full. The decision is now subject to review by U.S. District Judge Rachel Kovner.

The Paul, Weiss team includes litigation partner Audra Soloway and counsel Daniel Negless. Paul, Weiss is representing the families alongside the Family Justice Law Center, the NYU School of Law Family Defense Clinic, and Emery Celli Brinckerhoff Abady Ward & Maazel.