Common use of Plaintiffs’ Claims Clause in Contracts

Plaintiffs’ Claims. 1. This class action lawsuit for declaratory and injunctive relief was filed on February 22, 2017, against the City of Milwaukee (“Milwaukee”), the Milwaukee Fire and Police Commission (“FPC”), and in his official capacity ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, the Chief of the Milwaukee Police Department (“MPD”)1 (hereinafter referred to individually and collectively as “Defendants”) by named plaintiffs ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇, and ▇▇▇▇▇▇ ▇▇▇▇▇ (hereinafter referred to individually and collectively as “Plaintiffs”). 2 Plaintiffs allege that Defendants’ policies, practices, and customs related to stops and frisks by the Milwaukee Police Department (“MPD”) violate the United States Constitution by: (1) authorizing MPD officers to stop people without individualized, objective, and articulable reasonable suspicion of criminal conduct, in violation of the Fourth Amendment to the U.S. Constitution; (2) authorizing MPD officers to frisk people without individualized, objective, and articulable reasonable suspicion that the person is armed and dangerous, in violation of the Fourth Amendment to the U.S. Constitution; and (3) sustaining stops and frisks of 1Plaintiffs’ Class Action Complaint and Amended Class Action Complaint named as a defendant ▇▇▇▇▇▇ ▇▇▇▇▇ in his official capacity as Chief of the MPD. Amended Class Action Complaint for Declaratory and Injunctive Relief ¶ 27 (May 24, 2017), (Docket #19) (“Am. Compl.”). Due to the retirement of ▇▇▇▇▇▇ ▇▇▇▇▇ on February 16, 2018 and subsequent appointment of ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ as Chief of the MPD, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ is automatically substituted for ▇▇▇▇▇▇ ▇▇▇▇▇ as a defendant sued in his official capacity pursuant to Federal Rule of Civil Procedure 25(d). 2Plaintiffs and Defendants are from time to time referred to hereinafter individually as a “Party” and collectively as the “Parties.” Black and Latino people that involve racial and ethnic profiling, or are otherwise motivated by race and ethnicity, rather than reasonable suspicion of criminal conduct, in violation of the Fourteenth Amendment to the U.S. Constitution and Title VI of the Civil Rights Act of 1964 (“Title VI”), 42 U.S.C. § 2000d et seq.