No. 20-989

City of Newark, New Jersey v. Fraternal Order of Police, Newark Lodge No. 12

Lower Court: New Jersey
Docketed: 2021-01-26
Status: Denied
Type: Paid
Amici (2)
Tags: civil-rights constitutional-rights department-of-justice due-process equal-protection municipal-authority police-oversight racial-discrimination
Key Terms:
DueProcess LaborRelations Privacy JusticiabilityDoctri
Latest Conference: 2021-04-30
Question Presented (from Petition)

1. Does a state supreme court violate the Equal Protection Clause by reading state statutes to preclude its largest city from protecting Black citizens from institutionalized, racially-disparate police conduct specifically found unconstitutional by the Department of Justice?

2. Does a state supreme court violate the Necessary and Proper Clause by interpreting state statutes to preclude municipal police review boards from holding subpoena power or accessing certain internal affairs records, when the existing process has been found unconstitutional by the Department of Justice?

3. Does a state supreme court violate the Constitutional Separation of Powers doctrine by holding that the state executive's police oversight regulations preempt the state legislature's delegation of police oversight authority to municipalities?

Question Presented (AI Summary)

Does a state supreme court violate the Equal Protection Clause by reading state statutes to preclude its largest city from protecting Black citizens from institutionalized, racially-disparate police conduct specifically found unconstitutional by the Department of Justice?

Docket Entries

2021-05-03
Petition DENIED.
2021-04-14
DISTRIBUTED for Conference of 4/30/2021.
2021-04-12
Reply of petitioner City of Newark filed.
Main DocumentProof of Service
2021-03-29
Brief amicus curiae of Jersey City Police Officers Benevolent Association filed.
Main DocumentProof of ServiceCertificate of Word Count
2021-03-25
Brief of respondent Fraternal Order of Police, Newark Lodge No. 12 in opposition filed.
Main DocumentCertificate of Word CountProof of Service
2021-02-25
Brief amicus curiae of City of Jersey City filed.
Main DocumentCertificate of Word CountProof of Service
2021-02-09
Blanket Consent filed by Respondent, Fraternal Order of Police, Newark Lodge No. 12.
Blanket Consent
2021-02-09
Motion to extend the time to file a response is granted and the time is extended to and including March 29, 2021.
2021-02-03
Blanket Consent filed by Petitioner, City of Newark
Blanket Consent
2021-02-03
Motion to extend the time to file a response from February 25, 2021 to March 29, 2021, submitted to The Clerk.
Main Document
2021-01-19
Petition for a writ of certiorari filed. (Response due February 25, 2021)
PetitionProof of Service

Attorneys

City of Jersey City
Victor Alexander Afanador — Lite DePalma Greenberg & Afanador, LLC, Amicus
City of Newark
Alan Silber — Pashman Stein Walder Hayden, Petitioner
Fraternal Order of Police, Newark Lodge No. 12
Quintes D. Taglioli — Markowitz & Richman, Respondent
Matthew D. Areman — Markowitz & Richman, Respondent
Jersey City Police Officers Benevolent Association
James M. Mets — Mets Schiro & McGovern, LLP, Amicus