Sullivan v. Murphy

• Decision Date: 04 September 1974
• Docket Number: Civ. A. No. 71-1022.
• Parties: Nancy SULLIVAN et al., Plaintiffs, v. C. Francis MURPHY et al., Defendants.
• Court: U.S. District Court — District of Columbia

380 F. Supp. 867

Nancy SULLIVAN et al., Plaintiffs, v. C. Francis MURPHY et al., Defendants.

Civ. A. No. 71-1022.

United States District Court, D. Columbia.

September 4, 1974.

Edward L. Genn, Ralph J. Temple, Washington, D.C., for plaintiffs.

Edward L. Curry, Asst. Corp. Counsel, Washington, D.C., for defendants.

ORDER

CORCORAN, District Judge.

Upon consideration of the previous proceedings and pleadings herein, and upon further consideration of the representation of the defendants, through the District of Columbia Corporation Counsel, that an affirmative showing of probable cause can not be made in any of the pertinent cases, other than those in which defendants were convicted after trial on the merits, and that no other affirmative showing can be made as required by the decision in Sullivan v. Murphy, 156 U.S.App.D.C. 28, 478 F.2d 938, cert. denied, 414 U.S. 880, 94 S.Ct. 162, 38 L.Ed.2d 125 (1973),^* and upon further consideration of the prayers for relief in this cause, it is by the Court this 4th day of September, 1974.

Ordered and adjudged.

1. That this Court's order of June 23, 1971, that this action shall be maintained as a class action is reaffirmed, and the class consists of all persons arrested from and including May 3, 1971, through May 6, 1971, as to whom the defendants failed to follow normal booking procedures and lack a contemporary field arrest form, photograph, or other evidence of probable cause for arrest, and those as to whom, irrespective of alleged contemporaneous field arrest forms and photographs, the defendants have been unable, after an adequate personal consultation with their witness or witnesses, to certify to this Court their ability to establish probable cause for arrest or a prima facie case of guilt of the alleged offense committed;

2. That the seizures of members of the class described in paragraph 1 of this order be, and they hereby are, declared invalid and unconstitutional, and further, that there being no affirmative showing by the defendants in this regard, all seizures except those specifically adjudicated in a Court proceeding in the Superior Court, based upon a contemporaneous photograph and field arrest form executed by the one who was, in fact, the arresting officer, be, and they hereby are, declared invalid and unconstitutional; and the defendants are forthwith directed to set forth the specific names of such individuals, if any, who were so convicted upon such photographs and field arrest forms, together with certifications from each arresting officer as to the time, place, and circumstances of arrest and that he was in fact the arresting officer, and such persons shall be deemed excluded from the class; Provided, plaintiffs may challenge any such certifications;

3. That defendants, for and on behalf of the Metropolitan Police Department, and the District of Columbia, and all divisions, sections, other organizational units, and personnel thereof, shall convey to counsel for plaintiffs all records including recordings, reports, memoranda, index cards, other cards, notations, and writings of any kind, and all copies of all of the foregoing without exception, that would in any way relate, inform or reflect that any member of the class had been arrested or charged with an offense from and including May 3 through May 6, 1971. That said counsel for pla...