Big Stop and Frisk Win for the Mayor
Stop-and-frisk case going back to Manhattan judge(NYP) The de Blasio administration scored a big win in the city’s stop-and-frisk case on Friday when a federal appeals panel passed it back to a Manhattan judge — potentially fast-tracking an anticipated settlement deal between the new mayor and plaintiffs, and snubbing city police unions in the process. The new mayor had asked the panel to formerly withdraw the city’s appeal made by the Bloomberg administration late last year and move the case back to Torres in the hopes of soon reaching a settlement with the plaintiffs.* Appeals court stops NYPD unions' bid to halt de Blasio's stop-frisk deal(NYDN)
Without Jury, Judge Warned That Stop-and-Frisk Ruling Would Be Disputed(NYT)
Judge Shira A. Scheindlin, who ruled that the New York police tactic
violated the Constitution, seemed to foresee the type of fallout that
such a decision would produce.
_____________________________________Stop and Frisk Legal Fight Update
The number of stops made by the New York Police Department fell by 80 percent in the third quarter of 2013 compared to the same period in 2012, the fifth time in the last six quarters stops have dropped, The Wall Street Journal writes:
WSJ’s Pervaiz Shallwani: “Police officials have attributed the decrease in stops to increased training and a decline in staffing in its impact zones.”
Scheindlin’s allies attack the Second Circuit(NYP Ed)
* Judges Decline to Reverse * Stop-and-Frisk Ruling, All but Ending Mayor’s Fight (NYT) The move all but ends the Bloomberg administration’s ability to legally contest a judge’s order against the policing practice. The city had sought to have Judge Scheindlin’s ruling vacated, citing questions about her impartiality. But on Friday the appeals court declined the request, effectively saying the appeal process should run its course. The appeals court added that the city could renew its request later as part of the full appeal.* Appeals court won’t toss NYC stop-frisk rulings(NYP) * More rulings on stop & frisk(NYP Ed) * Fight to the finish (NYDN) Manhattan Federal Judge Shira Scheindlin’s discredited stop-and-frisk ruling may yet be the final and unjust word on the most significant civil-rights case brought in New York City in decades. That would be a travesty.*Next Mayor Will Decide 'Frisk' Policy(WSJ)
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Stop and Frisk Decision Thrown Out
Scheindlin could face reprimand after stop-frisk rebuke(NYP)
Court Ruling: Stop and Frisked Turned Upside Down
Stop and frisk blocked, judge removed
Federal appeals court blocks judge's ruling on stop-and-frisk, removes her from case The 2nd U.S. Circuit Court of Appeals said the decisions of Judge Shira Scheindlin will be stayed pending the outcome of an appeal filed by the city. Scheindlin had ruled in August the city violated the Constitution with the way it carried out questioning, stopping and frisking mostly black and Hispanic men.* Here's the U.S. Court of Appeals order, which rebukes the judge in the stop-and-frisk case and freezes her ruling. Appeals court reverses Stop and Frisk decision, saying the judge showed anti-police bias.
Court Order Lets NYPD Continue 'Stop-and-Frisk'
The Bloomberg administration plans to ask the courts to vacate the stop-and-frisk ruling early next week and the Patrolmen’s Benevolent Association is preparing to take over the legal fight after Bloomberg leaves office
The federal appeals panel that removed Judge Shira Scheindlin from New York City’s stop-and-frisk litigation issued a statement saying that they found “no findings of misconduct, actual bias or actual partiality” by Scheindlin, The New York Times reports: *Scheindlin’s appeal gets shot down (NYP Ed) * Ruling Is Clarified on 'Frisk' Judge(WSJ) * A federal appeals court refused to reconsider its order removing a judge from the stop-and-frisk case.(WNYC)
The Post praises the Bloomberg administrations move to vacate Judge Shira Scheindlin’s ruling on stop-and-frisk and points out that they first suggested the idea Legal Brief Filed in Support of Judge in Stop-and-Frisk Case(NYT) The filing asked the full federal appeals court in Manhattan to review a decision by a court panel that stripped Judge Shira A. Scheindlin from the case.* In defense of Judge Scheindlin(NYDN) * Judge Fights Back Against Fellow Judges(WSJ) * NYC police unions seek role in stop-frisk dispute(WSJ) * Stop-and-frisk judge fighting back after being removed from controversial NYPD policing case(NYDN) * De Blasio fears spur police unions to try intervening in stop-frisk lawsuit via(NYDN) * Bloomberg Frantically Trying To Undo Stop & Frisk Ruling Before De Blasio Cuts In (Gothamist) * City lawyers ask for stop-and-frisk ruling to be tossed(NYP) * Vacating Shira: City takes Post’s tip(NYP Ed) The Post suggested the Bloomberg folks file a motion to vacate a federal judge’s ruling against stop-and-frisk, city lawyers announced they plan to do just that.* Unions Seek 'Frisk' Suit Role * The New York Times writes that Judge Shira Scheindlin was unfairly removed from the Floyd v. City of New York stop-and-frisk case, blindsiding a judge who has served with dignity for nearly 20 years and delaying reforms the public wants and needs: * City Files Motion To Have Stop-And-Frisk Ruling Repealed * Lawyers Ask Federal Court To Reconsider Removing Judge From Stop-And-Frisk Case (NY1) * The Next Step in Stop-and-Frisk (NYT Ed)The full appellate court should review the ill-advised decision to remove Judge Shira Scheindlin from the case.* US District Court Judge Shira Scheindlin’s comments on the appeals court stop-and-frisk ruling have puzzled even her own lawyer.* A Puzzling Statement from Judge Scheindlin(WSJ) Update Federal Panel Softens Tone on Judge It Removed From Stop-and-Frisk Case(NYT) * The Post’s Seth Lipsky argues that the federal appeals panel’s denial of Judge Shira Scheindlin’s request to be put back on New York City’s stop-and-frisk case makes it clear that they should vacate Scheindlin’s ruling outright:* The Second Circuit Court of Appeals also rejected a request by Judge Shira Scheindlin to address the panel’s stunning Oct. 31 decision to remove her from the cases.* City Hits State's 'Frisk' Analysis(WSJ) Almost half of the New York City Police Department's stop-and-frisk arrests are dismissed, according to an analysis released Thursday by New York state Attorney General Eric Schneiderman.* Giuliani wants 'friend of court' status in stop-frisk(NYDN)
* New report: 6% of stop-and-frisks lead to an arrest, only half of those arrests lead to a conviction. (WNYC)
NYT It is Good Bloomberg is Leaving Office
As it is wont to do, The New York Times editorial page tacked in the opposite direction, declaring it “fortunate” that Mayor Michael Bloomberg is leaving office soon and his successor should retract the appeal. The publication further ran a report questioning whether the leading Democratic mayoral candidates have specific stop-and-frisk positions.
* For Police, Court Oversight Isn’t New(NYT)
* Racial Discrimination in Stop-and-Frisk(NYT Ed)
Dead End Kids, Mayor Mike and Comm. Kelly take view that Stop&Frisk is about Never Saying I'm Sorry. Gotham Column: Powell criticizes Bloomberg’s lack of nuance in responding to Scheindlin’s stop-and-frisk ruling, while pointing out that legal stop-and-frisks “remain important
Michael Powell
Two Powerful Signals of a Major Shift on Crime(NYT)
The Times also displayed a fun side last night by reviewing Anthony Weiner‘s BuzzFeed appearance as “The 11 Most Memorable Moments from Anthony Weiner’s Buzzfeed interview.” (Mr. Weiner’s shots at publisher Arthur Sulzberger, and whether he is still alive, didn’t make the cut.)
The NYP is Not A Fan of Judge Scheindlin
- In the Post, the Manhattan Institute’s Heather Mac Donald writes that Scheindlin’s ruling is “blind” to the realities of crime and policing in New York City and that it signals the end of living in freedom of fear.
Peter Zimroth, federal monitor tapped to rein in stop-and-frisk, vows to work with police(NYP)
Police Commissioner Ray Kelly: Weekend heroin bust impossible without stop-and-frisk(NYP)
Death wish, the sequel(NYP) This one will hurt: A federal judge took a powerful whack at New York City’s crime-fighting efforts in ruling against the NYPD’s stop-and-frisk policies. If the judge’s ruling is allowed to stand, the price to the city will be incalculable. And the victims of her judicial caprice will overwhelmingly be our city’s poor and minority populations.
MICHAEL BLOOMBERG: Frisks save lives(NYP)
HEATHER MAC DONALD: Ignoring the realities of NYC crime(NYP)
'Welcome to Chicago' NYPD cops warn Gotham residents officers will become overly cautious with stop-frisk, predict crime hike(NYP)
NYPD stop-frisk ruled unconstitutional; cops could soon wear video cameras(NYP)
Despite the ruling, judge says stop-and-frisk will not stop. Will go forward with a federal monitor.
Stop & frisk ruling says NYC demonstrated widespread disregard for Fourth Amendment.(NYT) * Federal judge rules NYPD stop-and frisk unconstitutional — appoints monitor to reform controversial practice(NYDN) * Read the big stop-and-frisk ruling here Thompson: "I will uphold the law & work w/ the Federal monitor to make sure NYers never have to choose" btwn constitutional rights & safety * Peter Zimroth, the 70-year old attorney appointed by a federal judge to oversee reforms of the NYPD’s stop-and-frisk policy, said his position is “narrow in scope” and not a replacement for an inspector general, The Wall Street Journal writes:
TRANSCRIPT: New York's top cop Ray Kelly calls stop-and-frisk decision 'disturbing and offensive'
TRANSCRIPT: Bloomberg vows to appeal judge’s ruling that stop-and-frisk policy violated civil rights
Mayor Rips Scheindlin Over Killed Kids, Scheindlin Stalls Back
Mayor rips stop-frisk judge over ‘killed’ kids(NYP) Bloomberg said on Friday that he was alarmed by the rise in shootings
that followed a federal judge’s ruling against the NYPD’s stop-and-frisk
policy — and he fears the decision will embolden more criminals to
carry guns.13-year-old shot in Brooklyn park(NYP)
Man shot dead in Queens(NYP)
NYPost's
Mayoral Candidates Respond To Bloomberg's Call For More Rich People To Move To NYC(NY1)
__________________________________________________________________________________
Stop and Frisk Decision Thrown Out
Update
Court Ruling: Stop and Frisked Turned Upside Down
Stop and frisk blocked, judge removed
Federal appeals court blocks judge's ruling on stop-and-frisk, removes her from case The 2nd U.S. Circuit Court of Appeals said the decisions of Judge Shira Scheindlin will be stayed pending the outcome of an appeal filed by the city. Scheindlin had ruled in August the city violated the Constitution with the way it carried out questioning, stopping and frisking mostly black and Hispanic men.* Here's the U.S. Court of Appeals order, which rebukes the judge in the stop-and-frisk case and freezes her ruling. Appeals court reverses Stop and Frisk decision, saying the judge showed anti-police bias.
QUOTE OF THE DAY: “Upon review
of the record in these cases, we conclude that the District Judge ran
afoul of the Code of Conduct for United States Judges, Canon 2 (“A judge
should avoid impropriety and the appearance of impropriety in all
activities.”); see also Canon 3(C)(1) (“A judge shall disqualify himself
or herself in a proceeding in which the judge’s impartiality might
reasonably be questioned . . . .”), and that the appearance of
partiality surrounding this litigation was compromised by the District
Judge’s improper application of the Court’s “related case rule,” see
Transfer of Related Cases, S.D.N.Y. & E.D.N.Y.
Local Rule 13(a),1
and by a series of media interviews and public statements purporting to
respond publicly to criticism of the District Court.” – United States
Court of Appeals for the Second District on Judge Shira Sheindlin’s
ruling on stop-and-frisk in New York City, via the Daily News. AP Story * Court Blocks Stop-and-Frisk Changes for New York Police(NYT) * Court blocks & boots judge on NYPD stop-and-frisk(NYP)
NYP Judge Should Resign Judge Shira has history of tension with NYC, police(NYP) * The New York Post celebrated yesterday’s decision against Judge Shira Scheindlin.
“No paper has devoted more of its editorials, opeds and news stories to
press the issues of Scheindlin’s bias and the urgency of this appeal
than The Post,” it declared yesterday, calling on her to take the
“honorable course” and resign.* Scheindlin overruled on stop-frisk, and de Blasio debunked(NYP Ed) The Post characterizes the Court of
Appeals’ decision as a blow to de Blasio, and argues that the most
“honorable” course of action would be for Judge Scheindlin to resign*Times Says New Mayor: Dump the Suit The Times calls a decision from the United States Court of Appeals of the Second Circuit to put a stay on
the reforms federal Judge Shira Scheindlin imposed on the NYPD “unwise,”
and advises the next mayor to withdraw the city’s appeal: The 2d Circuit overreached, removing Judge Scheindlin for giving reasonable interviews.* The slapdown Judge Shira deserved(NYP) * Daily News Guilty as charged (NYDN Ed) The judicial lashing administered by an appeals panel to the federal
judge who convicted the NYPD in the stop-and-frisk trial was a scathing
thing of beauty.* Safir: Stop-and-frisk ruling will keep New Yorkers safe(NYDN) * NYPD Stop-Frisk Appeal Could Be Over After Election * Mayor Bloomberg and Commissioner Kelly 'Very Satisfied' With Court Decision * Ray Kelly says he's very heartened by Second Court ruling on "stop, question and maybe frisks”(NYO) * New stop-and-frisk judge has ripped the policy before (NYP) *Lupica: NYPD Commish Ray Kelly, unlike foes, shows class while taking lumps during campaign(NYDN)
___________________________________
Stop and Frisk Stands for Bloomberg
Officers Are Told Race Can Be a Factor in Street Stops, but Not the Only One(NYT)
Stop and Frisk Decision Thrown Out
Update
Court Ruling: Stop and Frisked Turned Upside Down
Stop and frisk blocked, judge removed
Federal appeals court blocks judge's ruling on stop-and-frisk, removes her from case The 2nd U.S. Circuit Court of Appeals said the decisions of Judge Shira Scheindlin will be stayed pending the outcome of an appeal filed by the city. Scheindlin had ruled in August the city violated the Constitution with the way it carried out questioning, stopping and frisking mostly black and Hispanic men.* Here's the U.S. Court of Appeals order, which rebukes the judge in the stop-and-frisk case and freezes her ruling. Appeals court reverses Stop and Frisk decision, saying the judge showed anti-police bias.
QUOTE OF THE DAY: “Upon review
of the record in these cases, we conclude that the District Judge ran
afoul of the Code of Conduct for United States Judges, Canon 2 (“A judge
should avoid impropriety and the appearance of impropriety in all
activities.”); see also Canon 3(C)(1) (“A judge shall disqualify himself
or herself in a proceeding in which the judge’s impartiality might
reasonably be questioned . . . .”), and that the appearance of
partiality surrounding this litigation was compromised by the District
Judge’s improper application of the Court’s “related case rule,” see
Transfer of Related Cases, S.D.N.Y. & E.D.N.Y.
Local Rule 13(a),1
and by a series of media interviews and public statements purporting to
respond publicly to criticism of the District Court.” – United States
Court of Appeals for the Second District on Judge Shira Sheindlin’s
ruling on stop-and-frisk in New York City, via the Daily News. AP Story * Court Blocks Stop-and-Frisk Changes for New York Police(NYT) * Court blocks & boots judge on NYPD stop-and-frisk(NYP)
NYP Judge Should Resign Judge Shira has history of tension with NYC, police(NYP) * The New York Post celebrated yesterday’s decision against Judge Shira Scheindlin.
“No paper has devoted more of its editorials, opeds and news stories to
press the issues of Scheindlin’s bias and the urgency of this appeal
than The Post,” it declared yesterday, calling on her to take the
“honorable course” and resign.* Scheindlin overruled on stop-frisk, and de Blasio debunked(NYP Ed) The Post characterizes the Court of
Appeals’ decision as a blow to de Blasio, and argues that the most
“honorable” course of action would be for Judge Scheindlin to resign*Times Says New Mayor: Dump the Suit The Times calls a decision from the United States Court of Appeals of the Second Circuit to put a stay on
the reforms federal Judge Shira Scheindlin imposed on the NYPD “unwise,”
and advises the next mayor to withdraw the city’s appeal: The 2d Circuit overreached, removing Judge Scheindlin for giving reasonable interviews.* The slapdown Judge Shira deserved(NYP) * Daily News Guilty as charged (NYDN Ed) The judicial lashing administered by an appeals panel to the federal
judge who convicted the NYPD in the stop-and-frisk trial was a scathing
thing of beauty.* Safir: Stop-and-frisk ruling will keep New Yorkers safe(NYDN) * NYPD Stop-Frisk Appeal Could Be Over After Election * Mayor Bloomberg and Commissioner Kelly 'Very Satisfied' With Court Decision * Ray Kelly says he's very heartened by Second Court ruling on "stop, question and maybe frisks”(NYO) * New stop-and-frisk judge has ripped the policy before (NYP) *Lupica: NYPD Commish Ray Kelly, unlike foes, shows class while taking lumps during campaign(NYDN)
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Police Strategy
Advice On Community and the Police From An Old Cop
Hamill: Retired NYPD Chief offers police advice for next mayor(NYDN) Former NYPD
Chief Wilbur (Bill) Chapman — who has experience with racially profiling
— says that police work is a marriage of the two Cs: 'cops and
community.' Chapman says before it was called 'stop-and-frisk,' he and
his partner stopped and searched people suspected of plotting crimes,
and 'the good guys loved us.'
__________________________________________________________________________________
Stop and Frisk Decision Thrown Out
Scheindlin could face reprimand after stop-frisk rebuke(NYP)
Court Ruling: Stop and Frisked Turned Upside Down
Stop and frisk blocked, judge removed
Federal appeals court blocks judge's ruling on stop-and-frisk, removes her from case The 2nd U.S. Circuit Court of Appeals said the decisions of Judge Shira Scheindlin will be stayed pending the outcome of an appeal filed by the city. Scheindlin had ruled in August the city violated the Constitution with the way it carried out questioning, stopping and frisking mostly black and Hispanic men.* Here's the U.S. Court of Appeals order, which rebukes the judge in the stop-and-frisk case and freezes her ruling. Appeals court reverses Stop and Frisk decision, saying the judge showed anti-police bias.
Court Order Lets NYPD Continue 'Stop-and-Frisk'
___________________________________
Stop and Frisk Stands for Bloomberg
More Disclosures About Stop-and-Frisk(NYT Ed)
The latest data shows that crime in New York City has declined even with far fewer street stops.
Officers Are Told Race Can Be a Factor in Street Stops, but Not the Only One(NYT)
* NYPD Chief of Department Philip Banks
issued a memo to all department commands that police can still stop
suspects based on a description that includes race and clarifies the
department’s existing policies against racial profiling, the New York Post reports: * Dazed and confused(NYDN) Good soldier that he is, NYPD Chief of Department Philip Banks has
mightily tried to explain to the city’s cops how to stay on the right
side of the “Biased-Based Profiling” law, newly enacted by the City
Council. Said to be on Mayor-elect Bill de Blasio’s short list for replacing Ray
Kelly, Banks walked through the law’s ins and outs in a department-wide
memo that revealed nothing so much as how confusing those outs and ins
are.Next Mayor Will Decide 'Frisk' Policy
Federal Appeals Court Upholds Stop-And-Frisk Ruling (NY1)Stop and Frisk Decision Thrown Out
Scheindlin could face reprimand after stop-frisk rebuke(NYP)
Court Ruling: Stop and Frisked Turned Upside Down
Stop and frisk blocked, judge removed
Federal appeals court blocks judge's ruling on stop-and-frisk, removes her from case The 2nd U.S. Circuit Court of Appeals said the decisions of Judge Shira Scheindlin will be stayed pending the outcome of an appeal filed by the city. Scheindlin had ruled in August the city violated the Constitution with the way it carried out questioning, stopping and frisking mostly black and Hispanic men.* Here's the U.S. Court of Appeals order, which rebukes the judge in the stop-and-frisk case and freezes her ruling. Appeals court reverses Stop and Frisk decision, saying the judge showed anti-police bias.
Court Order Lets NYPD Continue 'Stop-and-Frisk'
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Police Strategy
Advice On Community and the Police From An Old Cop
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