National Police Accountability Project - NPAP

Jonathan Mercedes v. City of New York et. al. involves a false arrest under NY State Mental Hygiene Law Section 9.41. Jonathan Mercedes was arrested by police despite officers observing no action by Mr. Mercedes that indicated that he was a danger to himself or others. The NY State Mental Hygiene Law has received heightened public attention recently, following NYC Mayor Eric Adams' announcement that he intends to use it to forcibly hospitalize unhoused people.

The issue in Roger Wayne Parker v. County of Riverside, et. al. is whether a plaintiff can bring a Section 1983 suit for Brady violations if they aren't ultimately convicted of the crime for which exculpatory evidence was withheld or suppressed.

Our brief focuses on the prejudice innocent individuals experience when exculpatory evidence is withheld, due process protections against withholding exculpatory evidence, and the importance of civil rights cases to deter future Brady violations. 

Coalition on Homelessness v. City and County of San Francisco et al challenges San Francisco's policy of towing safely parked cars solely because the owner has 5+ parking tickets. The policy disproportionately harms unhoused people who live in their vehicles. Our brief argues that allowing police to initiate these tows without a warrant violates the Fourth Amendment and elevates the risk of police violence by unnecessarily increasing police contact with the public.

The majority panel’s decision enlarges the realm of police encounters where less lethal force can be applied for a long enough period to become deadly. In light of the number of deaths that result from prolonged police dog maulings, tasings, and restraint holds, immunizing these forms of force against a subdued individual could lead to more avoidable police killings in the Second Circuit. While the majority’s opinion seeks to justify its divergence from other circuits because the officers may have feared a subdued Mr.

This brief argues that the First Amendment protects the right to record the police and that such recordings are a vital tool of community oversight of police.

This brief argues that appellate jurisdiction does not extend to an appeal over the district court’s denial of qualified immunity based on factual disputes.

This brief argues that pretrial detention in the absence of probable cause is a violation of the Fourth Amendment and as such 42 U.S.C. Section 1983 provides recourse for such violation.

Thompson v. Clark asks whether an individual seized during criminal proceedings in violation of the Fourth Amendment must prove that the criminal proceedings ended in a manner indicative of their innocence before bringing a section 1983 action to redress the violation of their constitutional rights. This brief argues that criminal proceedings terminating in a manner indicating innocence is not a requirement for individuals seeking a 1983 claim.

Thompson v. Clark asks whether an individual seized during criminal proceedings in violation of the Fourth Amendment must prove that the criminal proceedings ended in a manner indicative of their innocence before bringing a section 1983 action to redress the violation of their constitutional rights. This brief argues that criminal proceedings terminating in a manner indicating innocence is not a requirement for individuals seeking a 1983 claim.

In Hernandez v. Mesa, the parents of 15-year-old Mexican national Sergio Adrian Hernandez Guereca sued US Border Patrol Agent Jesus Mesa, Jr. Mesa was standing on US soil and Guereca on Mexican soil when Mesa shot and killed Guereca. This brief argues that Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971) provides a cause of action against immigration enforcement agents as it does for all other federal law enforcement agents.