N.Y. Stop-And-Frisk Judge Denies Bid to Delay Decision
New York City lost a bid to delay a federal judge from enforcing a ruling that its police department violated the constitutional rights of minorities with its stop-and-frisk search tactic.
U.S. District Judge Shira Scheindlin today denied the city’s request to hold off her order while it appeals a decision appointing a monitor to oversee the New York City Police Department’s stop-and-frisk policies and ordering changes to the way the city trains, monitors and disciplines police.
“A stay of this court’s orders would encourage the NYPD to return to its former practice of conducting thousands upon thousands of improper stops -- including those based merely on a person entering or exiting a building in which he or she resides,” Scheindlin said in her opinion.
Scheindlin issued her rulings in two cases after overseeing a nine-week trial that ended May 20. New York Mayor Michael R. Bloomberg said after the rulings Aug. 12 that the city benefited from the policy and that the judge “ignored the real-world realities of crime.”
“The city remains committed to reversing the district court’s underlying decision as expeditiously as possible,” Michael Cordozo, the city’s corporation counsel, said in an e-mailed statement today. “The plaintiffs have opposed that motion, apparently preferring to keep police officers in limbo for the foreseeable future.”
Cardozo said he hopes the U.S. Court of Appeals in New York will promptly review the city’s request for an expedited appeal.
In her ruling today, Scheindlin rejected the city’s arguments that going forward with her ruling would be against the public interest.
“Ordering a stay now would send precisely the wrong signal,” she wrote. “It would essentially confirm that the past practices, resulting in hundreds of thousands of stops -- overwhelmingly of minorities -- that resulted in little or no enforcement action or seizure of contraband were justified and based on constitutional police practices.”
The mayor is the founder and majority owner of Bloomberg LP, the parent of Bloomberg News.
The cases are Floyd v. City of New York, 08-cv-01034; Ligon v. City of New York 12-cv-02274, U.S. District Court, Southern District of New York (Manhattan).
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