The Southern District will hold a public forum Tuesday on its pilot program aimed at speeding settlement of civil rights actions alleging police misconduct. The program, launched in 2011, was born of frustration with the time it takes to litigate cases under 42 U.S.C. §1983. It is designed to encourage, and in some situations mandate, mediation or settlement talks before magistrates in cases involving excessive force, false arrest or malicious prosecution (NYLJ, June 28, 2011).
Under the plan, plaintiffs alleging injury by the police must serve a release for medical records with the complaint as well as a release for sealed arrest records and a list of prior arrests. The city has 80 days to answer the complaint and the parties must then hold a conference within 14 days. They then have seven days to either refer the case for settlement talks before a magistrate or request to be exempt from the program. If they do neither, the case automatically goes into mediation. Initial disclosures are triggered within 21 days of the answer, with the city getting 28 days to turn over a history of disciplinary complaints against the officers. Plaintiffs must make a settlement demand within six weeks of the answer and the city has 14 days to respond. Three months after the answer, the parties must appear before a mediator or a magistrate for a settlement conference, with the city required to have a lawyer with the authority to settle the case either on site or available by phone.
