New York City asks court to vacate stop-and-frisk ruling - FOX 13 News

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>>

  • Temperature drops; snow moves in

    Temperature drops; snow moves in

    Tuesday, April 15 2014 10:59 PM EDT2014-04-16 02:59:53 GMT
    Fox 5 photoFox 5 photo
    The mild weather made an exit in the Tristate region and snow moved in late Tuesday into Wednesday. Scattered showers, heavier rain, thunderstorms, and strong winds were expected. Reports of heavy, wet snow have come in from the Hudson Valley, northern New Jersey and New York City. The snow is not expected to accumulate for very long.
    The mild weather made an exit in the Tristate region and snow moved in late Tuesday into Wednesday. Scattered showers, heavier rain, thunderstorms, and strong winds were expected. Reports of heavy, wet snow have come in from the Hudson Valley, northern New Jersey and New York City. The snow is not expected to accumulate for very long.
  • Robert De Niro says Tribeca Film Festival is his passion

    Robert De Niro says Tribeca Film Festival is his passion

    Tuesday, April 15 2014 10:47 PM EDT2014-04-16 02:47:46 GMT
    Robert De Niro is a family man, a filmmaker, an entrepreneur and one of my favorite actors of all time. He's also a co-founder of the Tribeca Film Festival, which has more to see than ever before. De Niro wears just as many hats on screen as he does in real life. The father of six starred in six films last year, owns four restaurants and a hotel, and still finds time each spring for the Tribeca Film Festival, Lower Manhattan's annual cinematic showcase.
    Robert De Niro is a family man, a filmmaker, an entrepreneur and one of my favorite actors of all time. He's also a co-founder of the Tribeca Film Festival, which has more to see than ever before. De Niro wears just as many hats on screen as he does in real life. The father of six starred in six films last year, owns four restaurants and a hotel, and still finds time each spring for the Tribeca Film Festival, Lower Manhattan's annual cinematic showcase.
  • Obama congratulates UConn on NCAA dominance

    Obama congratulates UConn on NCAA dominance

    Tuesday, April 15 2014 9:47 PM EDT2014-04-16 01:47:07 GMT
    President Barack Obama has congratulated the University of Connecticut's men's and women's basketball teams on winning last week's NCAA tournaments. The White House says Obama commended men's head coach Kevin Ollie and his team on their decisive championship victory and noted how he enjoyed watching them throughout the tournament. He told women's head coach Geno Auriemma how impressive it was to see the team continue to dominate women's collegiate basketball.
    President Barack Obama has congratulated the University of Connecticut's men's and women's basketball teams on winning last week's NCAA tournaments. The White House says Obama commended men's head coach Kevin Ollie and his team on their decisive championship victory and noted how he enjoyed watching them throughout the tournament. He told women's head coach Geno Auriemma how impressive it was to see the team continue to dominate women's collegiate basketball.
Powered by WorldNow

FOX 13 / WTVT-TV
3213 West Kennedy Blvd.
Tampa, Florida 33609
Main: (813) 876-1313
Newsroom: (813) 870-9630
Fax: (813) 871-3135

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