Court certifies RNC 2004 mass arrest classes

motion for class certification pursuant to Rule 23(a) and Rule
23(b)(3) is HEREBY GRANTED as to the following classes:

1) Mass Arrest Subclasses Two, Four, Five, Six, Seven and Eight,
comprising all RNC arrestees from the foregoing Subclass locations,
except that Subclass Four may not assert a First Amendment claim;

2) The Excessive Detention Class, comprising all RNC arrestees who
were processed pursuant to the MAPP, detained at Pier 57, and charged
only with violations; and

3) The Conditions of Confinement Class, comprising all RNC arrestees
who were handcuffed with plastic flex cuffs and detained at Pier 57.

Pursuant to Rule 23(c)(4), the Court certifies the foregoing classes
to determine liability arising from the constitutional claims, but
declines to certify the supervisory liability, respondeat superior,
and pendent state law claims.
The motion to certify Mass Arrest Subclasses One and Three is HEREBY
DENIED due to lack of predominance. The motion for class
certification pursuant to Rule 23(b)(2) is HEREBY DENIED due to lack
of standing to pursue declaratory and injunctive relief. Plaintiffs
in the certified classes and subclasses are appointed Class
Representatives, and Beldock Levine &Hoffman LLP is appointed class counsel.