Class Action

What It Is

A class action under Federal Rule 23 allows one or more named plaintiffs to sue on behalf of a larger group (“class”) of people who suffered similar harm. In § 1983, class actions have been used to challenge systemic police practices affecting entire communities.

Requirements for Certification

Under Rule 23(a), you must show:

1. Numerosity — The class is so large that joining all members individually is impracticable
2. Commonality — There are questions of law or fact common to the class
3. Typicality — The named plaintiff’s claims are typical of the class
4. Adequacy — The named plaintiff will fairly and adequately represent the class

Plus, you must fit one of the Rule 23(b) categories:

• (b)(1) — Individual actions would create inconsistent obligations for the defendant
• (b)(2) — The defendant acted on grounds generally applicable to the class (most common in § 1983 — used for injunctive relief)
• (b)(3) — Common questions predominate and class action is the superior method (used for damages)

In § 1983 Cases

Class actions are most common for:

• Stop-and-frisk policies — Floyd v. City of New York challenged NYPD’s blanket stop-and-frisk practices
• Jail conditions — Systemic overcrowding, inadequate medical care, excessive force
• Immigration enforcement — Unconstitutional detention practices
• School discipline — Discriminatory suspension or expulsion policies

Pro Se Class Actions

Technically, a pro se plaintiff can file a class action. Practically, courts almost never certify a class represented by a pro se plaintiff because the adequacy requirement demands competent representation. If you believe a class action is warranted, contact organizations like the ACLU or NPAP that handle systemic civil rights litigation.

Key Cases

• Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338 (2011) — Heightened commonality standard
• Floyd v. City of New York, 959 F. Supp. 2d 540 (S.D.N.Y. 2013) — NYPD stop-and-frisk class action