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SPRING GARDEN UNITED NEIGHBORS, INC. v. CITY OF PH

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


June 12, 1985

SPRING GARDEN UNITED NEIGHBORS, INC., et al.
v.
CITY OF PHILADELPHIA, et al.

The opinion of the court was delivered by: NEWCOMER

ORDER

 Clarence C. Newcomer, J.

 

AND NOW, this 12th day of June, 1985, after an evidentiary hearing on plaintiffs' motion for a preliminary injunction and consideration of the arguments presented by plaintiffs and defendants, it is hereby Ordered that plaintiffs' motion is GRANTED and defendants are enjoined as follows:

 

1. Police officers shall not stop, frisk, question, threaten, search the person or property of, detain, take into custody, arrest or use physical force against any person in the Spring Garden community without meeting the requirements of the Constitution of the United States.

 

2. Police officers shall not take any of the actions itemized in paragraph 1 against any person based only on his Puerto Rican or Hispanic ancestry and/or his presence in the Spring Garden community.

 

3. Nothing in this order shall diminish or interfere with the authority of police officers to enforce the criminal laws; to make arrests, searches and inquiries; and to conduct investigations, as consistent with constitutional requirements.

 

4. Defendants shall take all steps necessary to see that this order is enforced, including informing all officers in the 9th Police District of its existence and terms forthwith.

 5. Pursuant to the provisions of Fed.R.Civ.P. 65(c) the Court determines that in the interest of equity no bond shall be required to be posted.

 AND IT IS SO ORDERED.

19850612

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