The following papers, numbered 1 to 7 were read on this petition for Art 78 and declaratory relief:PAPERS NUMBEREDNotice of Motion/ Order to Show Cause — Affidavits — Exhibits 1-3Answering Affidavits — Exhibits cross motion 5-6Replying Affidavits 7Cross-Motion: Yes X No
*1 Upon a reading of the foregoing cited papers, it is Ordered that the petition for CPLR Article 78 and CPLR §3001 declaratory relief, is granted as stated herein. The remainder of the relief sought is stayed pending in camera inspection and a final determination. The motion of the Progressive Caucus of the New York City Council for leave to file an Amici Curiae brief, filed under Motion Sequence 002, is granted. On February 2, 2012 at approximately 3:00 p.m., unarmed 18 year old Ramarly Graham was shot in the chest and killed by Officer Richard Haste in the bathroom of the North Bronx apartment located on the second floor of 749 East 229th Street (hereinafter “the apartment”), where he lived with his mother, brother and grandmother. The shooting and death were witnessed by Ramarly Graham’s grandmother, Patricia Hartley, and his six (6) year old brother, Chinnor.Petitioners allege Sergeant Scott Morris was responsible for the actions of the Special Narcotics Enforcement Unit (“SNEU”) which included then Officer Richard Haste. The SNEU had identified Ramarley Graham and “two friends” in a drug arrest at a nearby bodega. Ramarly had gotten away from the police during the arrest and members of the SNEU had mistakenly identified him as armed with a gun. After being allowed into the building by another tenant, Officer John Mcloughlin allegedly kicked in the door to the apartment, and Officer Richard Haste entered with his gun drawn. Richard Haste has claimed that he shot Ramarly Graham out of fear for his life.After the shooting it is alleged that Ms. Hartley was taken to the 47th precinct for approximately seven hours and interrogated, as a potential accomplice, about the location of the nonexistent gun. Petitioners, Constance Malcolm and Franclot Graham, are Ramarly Graham’s parents (hereinafter referred to jointly as “the Parents”), neither was present at the time of the incident. The family was not allowed to return to the apartment for approximately two days while the police conducted a search for the nonexistent gun. A bag of marijuana was eventually recovered from the toilet.Almost five years after the shooting Officer Richard Haste was subjected to a public departmental trial by the New York City Police Department (NYPD), that took place over approximately five days from January 17, 2017 through January 23, 2017. The trial resulted
