Floyd v. The City of New York

Background

The document concerns three related cases involving plaintiffs and the City of New York. It is titled “Compensation Agreement Regarding the Federal Monitor.” The agreement is between Mylan Denerstein, identified as the federal monitor, and the City. It amends an earlier monitor agreement and states that it will remain effective until the court ends the monitor’s duties, unless terminated sooner.

Compensation and Expenses

The agreement provides that there will be no fee for monitor work recorded during 2013 and 2014 through October 31, 2014. Beginning January 13, 2022, the monitor’s fee is $43,750 per month. The agreement provides no additional fees for certain Gibson, Dunn & Crutcher personnel currently expected to participate in the monitor’s work, but allows the parties to consider prospective changes if staffing or work substantially increases.

Consultants, experts, and other staff are to be paid at listed hourly rates ranging from $200 to $375. The City will also reimburse reasonable out-of-pocket costs and expenses, including travel, meals, lodging, and other expenses, subject to the agreement’s terms. Monitor fees are to be paid monthly, and consultant and expert invoices are generally payable within 30 days after receipt.

Court-Mandated Studies

The agreement provides payment for two studies. The CUNY Institute for State and Local Governance is to study New York Police Department body-camera footage concerning compliance with the Fourth and Fourteenth Amendments, documentation, escalation, and racial disparities in police-citizen encounters. Its listed cost was $1,502,381 for 2022, with projected costs of $1,670,000 for January 1, 2023, through April 30, 2024; the projected completion date is extended to July 31, 2024.

A research team from Stanford University, the University of Michigan, and Northwestern University is to conduct a second study using machine-learning techniques to analyze body-camera footage. Its listed cost is $529,310 for February 1, 2023, through April 2024, and its projected completion date is extended to April 30, 2025. The agreement also lists transcription costs of $326,600 and automatic-transcription costs of $59,640, both included in the second study’s stated cost.

Ruling

The document ends with “SO ORDERED” and is signed by Judge Analisa Torres, United States District Judge, dated February 28, 2024. The court therefore ordered the amended compensation agreement. The text does not state that the court resolved any separate challenge to the fees or expenses.

Classification

This is a procedural order because it addresses compensation and expenses for a court-appointed monitoring process rather than deciding the underlying legal claims.