Deshawn E. by Charlotte E. v. Safir

Decision Date16 September 1998
Docket NumberDocket No. 97-7410
Citation156 F.3d 340
PartiesDESHAWN E., by his parent, CHARLOTTE E., and Anthony C., by his parent, Valerie C., individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. Howard SAFIR, in his official capacity as Commissioner of the New York City Police Department; Raul Russi, in his official capacity as Commissioner of the New York City Department of Probation; Peter Reinharz, in his official capacity as Chief of the Family Court Division of the New York City Law Department; and Michael Rodriguez, in his official capacity as police sergeant and head of the Manhattan Family Court Detective Squad, Defendants-Appellees.
CourtU.S. Court of Appeals — Second Circuit

Jane L. Gordon, (Paul A. Crotty, Stephen McGrath, Georgia Pestana) Corporation Counsel of the City of New York, New York City, for Appellees.

Martin M. Lucente, (Jane M. Spinak, and Henry S. Weintraub) The Legal Aid Society, Juvenile Rights Division, New York City, for Appellants.

Before: CARDAMONE, WALKER, AND JACOBS, Circuit Judges.

JOHN M. WALKER, JR., Circuit Judge.

Plaintiffs-appellants, a certified class of "all children arrested on possible delinquency charges who are summoned to appear at the probation service in a Family Court building and are interrogated by members of the New York City Police Department's Detective Squad" appeal from a decision and judgment entered by the United States District Court for the Southern District of New York (John S. Martin, Jr., Judge ), granting defendants' motion for summary judgment, denying plaintiffs' motion for a preliminary injunction and dismissing the complaint. Plaintiffs filed this action pursuant to 42 U.S.C. § 1983 challenging the policies and practices of the Family Court Detective Squad ("Squad") in conducting interrogations of children facing possible delinquency charges on the ground that: (1) the Squad's interrogations are so coercive as to produce statements that must be deemed involuntary under the Fifth and Fourteenth Amendments; (2) the Squad elicits involuntary waivers of plaintiffs' Miranda rights in violation of the Fifth and Fourteenth Amendments; and (3) questioning by the Squad without counsel violates the Sixth and Fourteenth Amendments. We affirm.

BACKGROUND

Under the New York Family Court Act ("FCA"), the police "may take a child under the age of sixteen into custody without a warrant in cases in which [they] may arrest a person for a crime under article one hundred forty of the criminal procedure law." FCA § 305.2(2). After taking a child into custody, a police officer is directed to make "every reasonable effort" to notify the child's parent, guardian, or person legally responsible for the child's care that the minor has been taken into custody. See FCA §§ 305.2(3), (4). After making reasonable efforts to notify the parent or guardian, the police have three options: (1) issue the minor an appearance ticket and release the child to the custody If the juvenile has been given an appearance ticket and released, the child must appear at Probation Services ("Probation") on a specified return date. See FCA § 307.1(1). Once the juvenile and parent or guardian appear, Probation conducts a preliminary conference to determine whether to file a delinquency proceeding or to "adjust" the case. Adjustment is a process in which Probation meets informally with the juvenile and his or her parent or guardian to resolve the possible charges without the filing of a delinquency petition. See FCA § 308.1(2); In re Aaron J., 80 N.Y.2d 402, 406, 590 N.Y.S.2d 843, 605 N.E.2d 330 (1992) (adjustment is a "nonadversarial dispute resolution mechanism"). At the preliminary conference, Probation is required to advise juveniles that they can participate in the adjustment process, see 22 NYCRR § 205.22(d)(1), and to notify each juvenile about certain rights with regard to the adjustment process. Juveniles must then agree to participate in the adjustment process.

of his or her parent or guardian; (2) take the juvenile to Family Court or another authorized and suitable location or the child's residence for questioning; or (3) take the child to a juvenile detention facility. See FCA § 305.2(4).

All statements made by juveniles during the preliminary conference and adjustment process are confidential. Probation cannot communicate to the Presentment Agency, the agency with responsibility for filing a juvenile delinquency petition, any statement made to it by the juvenile, see FCA § 308.1(6), and no statement made by the juvenile during the adjustment process can be "admitted into evidence at a fact-finding hearing or ... at any time prior to a conviction," FCA § 308.1(7). Juveniles are not assigned or entitled to counsel during the adjustment proceedings, but a child may retain private counsel. See 22 NYCRR §§ 205.22(a), 205.23(a). After the preliminary conference, Probation determines whether a case is suitable for the adjustment process. See id. If adjustment is successful, no delinquency petition is filed. If a case is not successfully adjusted the case is referred to the Presentment Agency and a delinquency proceeding may be commenced. See id.

In August of 1995, a detective squad initially known as the "Family Court Detective Squad" and renamed the "Juvenile Crime Squad" began to work on the fourth floor of the Manhattan Family Court Building, near the office of the Probation Department. According to the City of New York, the function of the Squad is to "strengthen cases, pursue accomplices, apprehend persons selling guns to minors, conduct lineups, locate witnesses and complainants, and execute warrants."

The Squad approaches a juvenile and his or her parent or guardian when, as directed by their appearance ticket, they come to the Family Court for a preliminary conference with Probation. These interrogations occur in an interview room that is decorated with police signs, posters and notices, and the parent or guardian is always present. Although there is some dispute as to whether Miranda warnings are always given, the child and the parent or guardian are supposed to be read their Miranda rights, and both are supposed to sign a Miranda waiver. Interpreters and Spanish-language Miranda forms are supposed to be provided for Spanish-speaking children and their parents or guardians. After a Miranda waiver is signed by both the juvenile and the parent or guardian, the Squad questions the minor about the crime the child is alleged to have committed as well as other unresolved crimes. Generally, the interviews last between 30 to 45 minutes.

After the juvenile has been interviewed by the Squad, delinquency petitions may be filed against him or her. The Presentment Agency has given written notice of its intent to use statements made by the juveniles to the Squad in hearings in family court delinquency proceedings. However, as of the date of oral argument, none of these statements have been used in any hearings on a delinquency petition.

In June of 1996, the named plaintiffs, two juveniles, Deshawn E. and Anthony C. represented by their parents Charlotte E. and Valerie C., filed this action, pursuant to 42 U.S.C. § 1983, in New York State Supreme Court seeking declaratory and injunctive relief The district court denied plaintiffs' motion for a preliminary injunction and granted defendants' motion for summary judgment on the ground that "plaintiffs have not established a federal cause of action." Deshawn E. v. Safir, No. 96 Civ. 5296 JSM, 1997 WL 107544, at * 1 (S.D.N.Y. Mar. 10, 1997). Because the district court found that there was no federal claim, it declined to exercise supplemental jurisdiction over the state law claims and dismissed the complaint. Id. at * 3-4. This appeal followed.

claiming that the Squad's interrogations were so coercive that they violated the plaintiffs' rights under the Fifth and Fourteenth Amendments and that the Squad's interrogations without the presence of counsel violated the plaintiffs' Sixth and Fourteenth Amendment rights. The defendants removed this action to the district court on the ground that it was based on a federal question. Plaintiffs moved for class certification, to which defendants consented, and the district court certified the class. Plaintiffs subsequently filed a motion for a preliminary injunction; the defendants cross-moved for summary judgment. Both sides began to undertake limited discovery. The defendants refused to produce certain memoranda on the ground that they were protected by the work-product privilege. Defendants then obtained an order staying all discovery until disposition of their summary judgment motion.

DISCUSSION
I. Jurisdiction

During oral argument a question was raised as to whether this class action is justiciable. We asked the parties to submit letter briefs on this issue.

To establish standing in federal court, any party bringing a lawsuit must allege an actual case or controversy. See O'Shea v. Littleton, 414 U.S. 488, 493, 94 S.Ct. 669, 38 L.Ed.2d 674 (1974). Specifically, a plaintiff must demonstrate that (1) he or she has suffered an injury; (2) the injury is traceable to the defendants' conduct; and (3) a federal court decision is likely to redress the injury. See Northeastern Florida Contractors v. City of Jacksonville, 508 U.S. 656, 663, 113 S.Ct. 2297, 124 L.Ed.2d 586 (1993). A plaintiff seeking injunctive or declaratory relief cannot rely on past injury to satisfy the injury requirement but must show a likelihood that he or she will be injured in the future. See City of Los Angeles v. Lyons, 461 U.S. 95, 105-06, 103 S.Ct. 1660, 75 L.Ed.2d 675 (1983).

In Lyons, the plaintiff sought declaratory and injunctive relief against the Los Angeles police because he claimed that he had been illegally choked by Los Angeles police officers. Id. at 98, 103 S.Ct. 1660. Although he alleged that the Los Angeles police routinely applied...

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