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NNEBE v. DAUS

No. 09-4305-cv.

JONATHAN NNEBE, ALEXANDER KARMANSKY, individually and on behalf of all others similarly situated, KHARIRUL AMIN, EDUARDO AVENAUT, NEW YORK TAXI WORKERS ALLIANCE, individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. MATTHEW DAUS, JOSEPH ECKSTEIN, ELIZABETH BONINA, THE NEW YORK CITY TAXI AND LIMOUSINE COMMISSION, THE CITY OF NEW YORK, CHARLES FRASER, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: March 25, 2011. Docket

Attorney(s) appearing for the Case

DAVID T. GOLDBERG, Donahue & Goldberg, LLP, New York, New York (Daniel L. Ackman, Law Office of Daniel Ackman, Esq., New York, New York, on the brief), for Plaintiffs-Appellants.

SUSAN CHOI-HAUSMAN, Senior Counsel (Pamela Seider Dolgow, Mary M. O'Sullivan, on the brief), for Michael A. Cardozo, Corporation Counsel, New York, New York, for Defendants-Appellees.

Kenneth Kimerling, New York, New York (Andrew H. Schapiro, Hannah Y.S. Chanoine, counsel of record, Mayer Brown LLP, New York, New York), for Asian American Legal Defense and Education Fund, Amicus Curiae in support of Plaintiffs-Appellants.

BEFORE: McLAUGHLIN and HALL, Circuit Judges, and RESTANI, Judge.

HALL, Circuit Judge.

The named plaintiffs in this putative class action, brought pursuant to 42 U.S.C. § 1983, are the New York Taxi Workers Alliance ("NYTWA" or "Alliance") and four New York City taxi drivers whose licenses to drive yellow cabs were automatically suspended when they were arrested on criminal charges. It is the policy of the City of New York ("City") and its Taxi and Limousine Commission ("TLC" or "Commission"), defendants-appellees here, immediately...

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