Appeals court hears city’s motion to delay stop-and-frisk reforms

courts law
Three judges from the Second Circuit Court of Appeals grilled lawyers from the city and lawyers suing for stop-and-frisk reforms, poking holes in the narratives both sides seems to have grown accustomed to repeating after months of Floyd v. City of New York.
Credit: Metro File Photo

The city’s motion to delay the stop-and-frisk reforms mandated by a federal judge was heard for the first time Tuesday by judges from the Second Circuit Court of Appeals.

The judge’s ruling established a monitor over the NYPD as well as several specific measures, such as a pilot program equipping officers from five precincts with body cameras.

The plaintiff’s lawyer remarked after the hearing Tuesday that the Appeals Court was an “active bench.”

“The judges had a lot of questions for everybody,” Center for Constitutional Rights attorney Darius Charney said after the approximately two-hour proceedings.

One judge was particularly bothered by the amount of time the city had taken in bringing the motion to delay. Judge Jose Cabranes said the city was four to six weeks late in doing so, and asked if it was planning a “rope-a-dope” attack like the boxer Muhammad Ali, feigning lethargy “before springing to life.”

The “glacial pace” at which the city had approached this motion, he said, called into question its insistence that the remedies posed immediate and irreparable harm to the NYPD — that the ruling itself is harming the NYPD already.

“A reasonable observer, in reviewing the record, could think the city government has been speaking out of two sides of its mouth,” Cabranes suggested.

All three judges expressed doubt that, were the NYPD in such dire straits, Police Commissioner Ray Kelly would have allowed the city’s law department to take so long in reacting to the ruling.

The judges, Judge Barrington Parker in particular, also brought up the presumptive next mayor, Bill de Blasio, who as public advocate filed an amicus brief against the city’s motion and has vowed repeatedly to throw out any appeal the city leaves open. With the non-expedited timeline the city has laid out, the appeal would extend well into 2014, likely not being decided until March at the earliest.

After the hearing, city attorney Celeste Koeleveld made a brief statement reiterating the city’s position and declined to take questions. She repeated the claim she made during the proceedings, however, that any delay was the fault of the plaintiff.

But Charney said that allegation was “absolutely false” and that the only way the city tried to expedite the process was by “trying to abbreviate our time to respond.”

Follow Danielle Tcholakian on Twitter @danielleiat



News
Entertainment
Sports
Lifestyle
National

Dogs are capable of feeling jealousy - U.S.…

By Curtis Skinner(Reuters) - Dogs are a man's best friend, and research released on Wednesday says canines want to keep it that way.Dogs are capable…

Local

G train riders brace for five-week shutdown

G train service will be suspended between Brooklyn and Queens between Friday, July 25, and Tuesday, Sept. 2.

International

Peaches Geldof's death was drugs-related, coroner rules

LONDON (Reuters) - The death of Peaches Geldof, the daughter of musician and Band Aid founder Bob Geldof, was drugs-related, a coroner ruled on Wednesday.The…

Local

Family, supporters gather in Brooklyn for Eric Garner…

Family members gathered on Wednesday for the funeral of Eric Garner, who died shortly after police put him in a banned chokehold as they arrested him.

Going Out

Where to go drinking on National Tequila Day…

Thursday is just close enough to the end of the week to make you envision yourself already sunning on a beach towel or lounging by…

Going Out

Things to do in NYC this week: July…

Performing arts A 70’s Summer Night Friday, 6:30 p.m. The Green Building 452 Union St., Gowanus $35, 347-529-6473 Party like it’s summer in the 1970s…

Going Out

5 must-try dishes at Edible Manhattan's Good Beer

Rooting out the exotic amid the New York City bar scene is noble quest. But if you’d like to have it all come to you,…

Books

Art imitates life (almost) in David Shapiro's new…

David Shapiro talks about his book, "You're Not Much Use To Anyone."

NFL

Jerry Reese confident with Giants, skipping countdown clocks…

Last year, Giants GM Jerry Reese installed a countdown clock in the locker room to inspire Big Blue to play in their own stadium for Super Bowl XLVIII.

MLB

Brandon McCarthy finds his calling on Twitter

Yankees starter Brandon McCarthy joined Twitter three year ago for the same reason many people do: to get news quickly.

Sports

NBA great LeBron James sends 800 cupcake apologies…

By Kim PalmerCLEVELAND (Reuters) - NBA star LeBron James, whose recent return to the Cleveland Cavaliers in his home state of Ohio sparked a frenzy…

NFL

Fantasy football: Johnny Manziel could give your running…

Fantasy football: Johnny Manziel could give your running game a boost

Food

Recharge with a post-workout smoothie from Nicky Hilton

Some people can roll out of bed right as their alarm goes off. And that alarm isn’t set for 20 minutes before they have to…

Education

Colleges are increasingly embracing the concept of gender-neutral…

  Northwestern University recently made headlines after announcing that it would be installing two gender-neutral bathrooms in the university's student center. “These are two gender-open…

Career

How to prepare to interview for your dream…

    Congratulations! You landed a job interview at your dream company! A lot of hard work has gone into determining which companies to apply…

Style

The shirtdress is a summer must-have

  We love throwing on our boyfriend’s shirt and a pair of jeans (no matter how much he grumbles that it’s his turn to wear the…