City set to appeal stop-and-frisk decision

The city is set to file its first Motion to Appeal in the stop-and-frisk case on Friday. Credit: Metro Photo Archive
The city is set to file its first Motion to Appeal in the stop-and-frisk case on Friday. Credit: Metro Photo Archive

The New York City Law Department has apparently found the immediate path to appeal they were searching for in the stop-and-frisk ruling handed down on Monday, as city lawyers announced Thursday afternoon they would be filing a motion to appeal on Friday.

 

As of Monday evening, city lawyers had said they were still analyzing the federal judge’s 195-page decision to determine what the best approach to appeal would be.

“As the Mayor and Police Commissioner Kelly said on Monday, we strongly disagree with Judge Scheindlin’s order,” Corporation Counsel Michael Cardozo said in a statement on Thursday. “We said we’d take immediate steps to appeal, and we plan to do so tomorrow by filing our Notice of Appeal.”

Judge Shira Scheindlin issued a ruling on Monday declaring the way the NYPD conducts stop-and-frisk unconstitutional and discriminatory.

Her ruling stated that the practice itself is not inherently a violation of civil rights, but the way it is carried out by the NYPD arbitrarily and unfairly subjects a specific swath of the New York City population to what is often described as a humiliating and demeaning experience.

The Center for Constitutional Rights, which represented the plaintiffs suing the city in the landmark stop-and-frisk suit Floyd v. City of New York also put out a statement on Thursday.

“We are very disappointed that the City has signaled it will continue to be part of the problem rather than partnering with us and the community to be part of the solution,” the statement said. “New Yorkers have denounced these tactics for over a decade and now the federal court has spoken. It is time for Mayor Bloomberg and Commissioner Kelly to do the right thing and listen to and address these concerns.”

 

Follow Danielle Tcholakian on Twitter @danielleiat



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