Department of Justice suggests federal monitor for NYPD

Credit: Thinkstock
Credit: Thinkstock

As city politicians argue over a bill that would establish an independent Inspector General with oversight over the NYPD, the U.S. Department of Justice filed a statement of interest in the city’s stop-and-frisk lawsuit recommending just that, in the event that the presiding judge finds that the NYPD’s implementation of its stop-and-frisk practice is unconstitutional.

Judge Shira Scheindlin has yet to issue a decision in the stop-and-frisk trial, and the DoJ’s stated interest exists only if she decides against the city, finding that the implementation of stop-and-frisk by the NYPD unjustly targets black and Hispanic people and is a systematic violation of the Fourth Amendment right to protection against unreasonable search and seizure.

The DoJ statement is entirely contingent on the court finding a constitutional violation— it does not attest that there is one.

If she does find a need for reform, though, the Justice Department asked that she consider a court-appointed monitor—and moreover, that she consider making the DoJ that court-appointed monitor.

“A court-appointed monitor in this case would help the Court ensure that, if any pattern or practice is found to exist, it is effectively and sustainably remedied,” the statement read. “The experience of the United State in enforcing police reform injunctions teaches that the appointment of an independent monitor is a critically important asset to the courts, the parties, and the community in cases involving patterns or practices of unlawful conduct by law enforcement officials.”

In the 21-page statement, the Justice Department cites its experience engaging in reform efforts with several police forces in the past, including addresses systemic issues in the execution of stops and searches.

The DoJ stated that an independent monitor “can reduce unnecessary delays and litigation over disputes regarding compliance” and “should non-compliance be identified, early and objective detection by the monitor, as well as the identification of barriers to compliance, allows the parties to undertake corrective action, which saves the parties, the Court, and, importantly, the City precious time and resources.”

The experience the Department emphasized the most was a consent decree entered into with Pittsburgh in 1997 to address issues with police using excessive force in searches and seizures.

After the appointment of a federal monitor, the Justice Department said, the city came into compliance with the decree in 1999 and the injunction due to the finding of excessive force was lifted 2002.

A branch of the Department of Justice, the Office of Community Oriented Policing Services (COPS), apparently analyzed the work done with Pittsburgh and found that a court-appointed monitor is a critical element of effective reform.

According to the Department of Justice, in the Pittsburgh case, the federal monitor effectively put together a plan of action, provided a compliance manual with milestones and stages, held early meetings with community leaders and effectively offered reassurance that change was coming, and cultivated a collaborative instead of adversarial relationship with city officials “making it easier for them to accept some of the more difficult terms of the decree.”

Advocates of an Inspector General have been quick to express support and enthusiasm for the Justice Department’s proposal.

Donna Lieberman, the executive director of the New York Civil Liberties Union, called the proposal “welcome and long overdue.”

“The NYCLU has for years been asking the Department of Justice to come into New York and put an end to the NYPD’s abuse of stop-and-frisk,” she said.

City Comptroller and mayoral candidate John Liu said the DoJ’s statement “should be a sobering wake-up call for Mayor Bloomberg and Commissioner Kelly.”

But Liu, perhaps the most outspoken opponent of stop-and-frisk among the mayoral candidates, brushed aside the idea of a monitor as a solution.

“Simply abolishing stop and frisk would alleviate concerns about management of the NYPD,” Liu said.

 

Follow Danielle Tcholakian on Twitter @danielleiat


News
Entertainment
Sports
Lifestyle
Local

Monday is the deadline to register for Pennsylvania…

If residents want to vote in the May primary, which includes a vote for a new City Council member, today is the deadline to register.

National

Miss America thinks school should reconsider discipline of…

A Pa. student was suspended for asking Miss America to prom.

Local

Aria Health Torresdale workers caught selling prescription drugs

Two Aria Health at Torresdale employees were fired amid accusations they sold prescription drugs out of the Northeast Philadelphia campus.

National

Rubin 'Hurricane' Carter died Sunday from prostate cancer…

Former U.S. professional boxer Rubin "Hurricane" Carter, who spent 19 years in prison for murder and then was released after it was determined he did not get a fair trial,…

Television

Discovery cancels 'Everest Jump Live' special in wake…

The Discovery Channel has indicated it will not be moving forward with "Everest Jump Live," a planned special about mountain climber Joby Ogwyn's effort to…

The Word

'X-Men' director Bryan Singer drama continues

  News broke late last week that "X-Men" and "The Usual Suspects" director Bryan Singer is being sued by a man who said Singer molested…

The Word

Miley Cyrus cancels more dates, tweeting from hospital

Miley Cyrus is reportedly so sick that she's had to postpone more tour dates. We know this because she has been sitting in a hospital…

Music

Loop are, er, um, back in the loop

Experimental noise rock band Loop's three mid-1980s to early-1990s albums, “Heavens End,” “Fade Out” and “A Gilded Eternity,” were mercifully reissued.

MLB

Phillies get set for four against the Dodgers

The Phillies will face tough starting pitching out west against the Dodgers this week.

MLB

Phillies notebook: Cole Hamels returns this week

The Phillies should receive a big boost when Cole Hamels returns during the Dodgers series.

MLB

Jimmy Rollins is key to Phillies success

When John Kruk was asked about what the Phillies need to contend for a playoff berth, the ESPN analyst said Jimmy Rollins needs to play like a MVP again.

MLB

Ben Revere lifts Phillies to avoid sweep

Ben Revere came through with a two-out RBI single against Atlanta’s tough lefthander Alex Wood.

Travel

Packing: The one thing you need in your…

A new survey that looks at the travel habits of 50,000 people around the world has revealed that Western and Asian globetrotters have different priorities…

Home

Is your chair making it hard to talk?

Ever wished there was an office chair that could make impromptu meetings and discussions more private? The Cristiana Wing Chair is an asymmetrical armchair which…

Travel

Live large at these luxury hotels

From Thai boxing lessons and macabre Dracula tours to the Australian Outback, the Four Seasons hotel chain launched a series of new travel packages this…

Parenting

4 things that every summer camp should have

Alan Saltz, director of the 92nd street Y program lists things that every summer camp should have.