City Wants Stop-and-Frisk Order Vacated

NEW YORK—The city administration wants a federal judge’s decision in a stop-and-frisk case thrown out. The New York City Law Department said on Thursday that they plan to ask the 2nd U.S. Circuit Court of Appeals to throw out an August ruling by Judge Shira Scheindlin.
City Wants Stop-and-Frisk Order Vacated
A woman walks by a New York City police officer in Times Square in New York City, August 12, 2013. (Spencer Platt/Getty Images)
11/8/2013
Updated:
7/18/2015

NEW YORK—The city administration wants a federal judge’s decision in a stop-and-frisk case thrown out. The New York City Law Department said on Thursday that they plan to ask the 2nd U.S. Circuit Court of Appeals to throw out an August ruling by Judge Shira Scheindlin.

Judge Scheindlin found the New York City Police Department’s use of stop and frisk unconstitutional and ordered certain remedies. They included assigning a federal monitor, a mediator, and an academic advisory panel to oversee the use of stop and frisk.

In a statement, the city Law Department said, “the city will file a motion in that court by early next week asking it to immediately vacate Judge Scheindlin’s rulings.”

The Court of Appeals on Oct. 31 ruled 3–0 that Scheindlin’s decisions be halted, pending the outcome of an appeal by the city. The appeal, if it goes forward, would be ruled on by a different judge.

In and out of court, the political climate has complicated matters considerably. Under the city’s current timeline of appeal of Scheindlin’s ruling, city attorneys would be in court several months after Bill de Blasio’s administration takes office.

The current mayor, Michael Bloomberg, and his police commissioner have taken a hard line in pursuing the right to employ stop and frisk as a crime-fighting tactic. It’s expected that de Blasio will drop the appeal.