New York City asks court to vacate stop-and-frisk ruling - DC News FOX 5 DC WTTG

New York City asks court to vacate stop-and-frisk ruling

Posted: Updated:
U.S. District Judge Shira Scheindlin U.S. District Judge Shira Scheindlin
By The Associated Press -

Attorneys for New York City asked a federal appeals court Saturday to vacate a judge's orders that require the police department to change its stop-and-frisk practice that critics argue unfairly targets minorities.

The city said in filings with the 2nd U.S. Circuit Court of Appeals in Manhattan that U.S. District Judge Shira Scheindlin's orders this summer should be thrown out largely for the same reasons a three-judge panel of the appeals court gave in staying her decision on Oct. 31, pending an appeal.

The panel stayed her order and removed her from the case, saying she misapplied a related case ruling that allowed her to take the stop-and-frisk case and gave media interviews during the trial, calling her impartiality into question.

"At a minimum, the District Court's misconduct makes it reasonable to question the impartiality of the District Court Orders, and at a maximum represents a violation of Appellant's Due Process rights to a neutral arbiter and to present a defense," the filings said. "In either case, the District Court Orders must be vacated."

Scheindlin ruled in August that the city violated the civil rights of tens of thousands of blacks and Hispanics by disproportionally stopping, questioning and sometimes frisking them. She assigned a monitor to help the New York Police Department change its policy and training programs regarding the tactic.

An attorney for Scheindlin last week asked the three-judge panel to reconsider its unusual step of ordering her off the case or pass the issue along to the full circuit.

Advocates for changing stop and frisk blistered at the city's request to vacate the judge's orders Saturday.

"Voters overwhelmingly rejected (Mayor Michael) Bloomberg's stop-and-frisk policy by choosing a mayor committed to reforming stop-and-frisk, so fighting reform now not only adds injury to those subjected to the policy but is a waste of taxpayer money and counterproductive to public safety," said Joo-Hyun Kan, a spokeswoman for Communities United for Police Reform.

Mayor-elect Bill De Blasio has said he would drop the city's appeal of Scheindlin's ruling but he could also settle with those urging reforms, which would eliminate federal oversight.

Stop and frisk has been around for decades. To make a stop, police must have reasonable suspicion that a crime is about to occur or has occurred, a standard lower than the probable cause needed to justify an arrest. Only about 10 percent of the stops result in arrests or summonses, and weapons are found about 2 percent of the time.

But recorded stops increased dramatically under Bloomberg's administration to an all-time high in 2011 of 684,330, mostly of black and Hispanic men. A lawsuit was filed in 2004 by four minority men, who said they were targeted because of their races, and it became a class-action case.

  • Local NewsLocal NewsMore>>

  • FAA ends ban on U.S. flights to Tel Aviv

    FAA ends ban on U.S. flights to Tel Aviv

    Thursday, July 24 2014 10:11 AM EDT2014-07-24 14:11:59 GMT
    The Federal Aviation Administration has lifted its ban on U.S. carriers from flying to Tel Aviv. The announcement was made late Wednesday night.The FAA had extended the ban on Thursday afternoon after its first ban went into effect 24 hours earlier. The decision was made after a rocket launched into Israel from Gaza landed near the Ben Gurion Airport.
    The Federal Aviation Administration has lifted its ban on U.S. carriers from flying to Tel Aviv. The announcement was made late Wednesday night.The FAA had extended the ban on Thursday afternoon after its first ban went into effect 24 hours earlier.  The decision was made after a rocket launched into Israel from Gaza landed near the Ben Gurion Airport. United Airlines will be the first U.S. carrier to resume flights to Israel after a two-day hiatus caused by combat.
  • New Jersey sues over Florida pizza shop logo

    New Jersey sues over Florida pizza shop logo

    The New Jersey Turnpike Authority wants a Florida pizza shop to pay a big toll for using a logo similar to the iconic Garden State Parkway's green and yellow signs.
    The New Jersey Turnpike Authority wants a Florida pizza shop to pay a big toll for using a logo similar to the iconic Garden State Parkway's green and yellow signs.
  • Suspect arrested in dismembered Brooklyn woman murder case

    Suspect arrested in dismembered Brooklyn woman murder case

    Thursday, July 24 2014 8:08 AM EDT2014-07-24 12:08:03 GMT
    Police say they arrested and charged a suspect in connection with the murder of a Brooklyn woman whose body parts were discovered in Bay Shore. Suffolk County homicide squad and the US Marshals NY/NJ Regional Fugitive Task Force arrested Leah Cuevas, 42, on Wednesday night. Cuevas lived on 346 Sumpter Ave. in Brooklyn, the same address as the victim, Chinelle Latoya Thompson Browne, 27. Cuevas was charged with second-degree murder and held overnight at Suffolk's Fourth Precinct.
    Police say they arrested and charged a suspect in connection with the murder of a Brooklyn woman whose body parts were discovered in Bay Shore. Suffolk County homicide squad and the US Marshals NY/NJ Regional Fugitive Task Force arrested Leah Cuevas, 42, on Wednesday night. Cuevas lived on 346 Sumpter Ave. in Brooklyn, the same address as the victim, Chinelle Latoya Thompson Browne, 27. Cuevas was charged with second-degree murder and held overnight at Suffolk's Fourth Precinct.
Powered by WorldNow

WTTG FOX 5 & myfoxdc
5151 Wisconsin Ave. NW
Washington, DC 20016
Main Number: (202) 244-5151
Newsroom: (202) 895-3000
fox5tips@wttg.com

Didn't find what you were looking for?
All content © Copyright 2000 - 2014 Fox Television Stations, Inc. and Worldnow. All Rights Reserved.
Privacy Policy | Terms of Service | Ad Choices