Mayor Bloomberg and Police Commissioner Ray Kelly
[New York]
An appellate panel from the U.S. Court of Appeals for the Second Circuit today denied the City of New York’s request to vacate District Judge Shira A. Scheindlin’s ruling in the class action lawsuit Floyd v. the City of New York.
The court had recently stayed Judge Scheindlin’s ruling in August that Stop-and-Frisk was unconstitutional — she had also ordered remedies subsequently stayed by the appellate panel following filings by the City.
The Bloomberg administration then moved for the court to strike the Scheindlin ruling itself.
“Following the appellate panel’s shocking decision to remove the district court judge from our case, the City sought to double down and ask that the entirety of the judge’s decision be vacated without further briefing on its merits,” The Center for Constitutional Rights said in a statement.
“The appellate panel has correctly rejected this request and will allow full briefing on the appeal to move forward as scheduled. We hope Mayor De Blasio will drop the City’s desperate appeal to undo the district court’s carefully considered ruling and work with plaintiffs and the community to enforce every aspect of the remedial order. He has an extraordinary opportunity to use the expertise of a court monitor and policing experts to end discriminatory policing in NYC.”
