Mayor Bloomberg's Lawyers Seek to Overturn Ruling Against NYPD's Use of Stop-and-Frisk

Lawyers for New York City Mayor Michael Bloomberg will ask a Manhattan appeals court to throw out the ruling against the New York Police Department over its stop-and-frisk policies. 

A spokesperson for the city Law Department said that a motion to "immediately vacate" the ruling would be filed early next week with the U.S. Second Circuit Court of Appeals, according to The New York Post. 

On Oct. 31, three Circuit Court judges unanimously removed Judge Shira Scheindlin, who made the final decision, from presiding over two stop-and-frisk cases, according to Reuters. They said she violated ethics rules by telling lawyers to bring the case to her, and by giving media interviews in the midst of one of her non-jury trials. 

Scheindlin ruled that stop-and-frisk procedures unconstitutionally target minority individuals. She ordered comprehensive reforms, including the appointment of an outside monitor to stop the controversial strategy. 

On Thursday, four police unions filed papers to take over the appeal of Scheindlin's ruling if and when the de Blasio administration drops it. 

"The outcome of this appeal will directly affect the reputation of all New York City police officers," said Patrolmen's Benevolent Association President Pat Lynch. 

In the police unions' filing, they say Scheindlin's decision was "fundamentally unsound" and "if left undisturbed, would unfairly taint the integrity of the 35,000 members of the New York City Police Department and would rewrite the rules governing how they conduct themselves on a day-to-day basis."

New York Civil Liberties Union lawyer Christopher Dunn, who won an earlier stop-and-frisk ruling from Scheindlin, called the unions' move "a transparent attempt to block the incoming administration's commitment to reform stop-and-frisk."

On Wednesday, five lawyers from around the country, led by NYU law professor Burt Neuborne, filed papers to seek the reversal of Scheindlin's removal from the stop-and-frisk cases. The lawyers said that none of the litigants involved sought her removal, and Scheindlin never got a chance to defend herself and "was completely blindsided" by their ruling.

After the election of de Blasio on Tuesday--who strongly opposes stop-and-frisk policies--city leaders and residents united on the steps of City Hall to implore the Bloomberg Administration to end its fight against stop-and-frisk reform. The group called for the administration to drop its appeal to the federal court decision that ruled that stop-and-frisk is unconstitutional, according to Mandela Jones, the public relations spokeswoman for Communities United for Police Reform.

"New Yorkers spoke clearly last night by voting for citywide leaders who are committed to reforms; now is the time for our city to unite," said Monifa Bandele of Communities United for Police Reform. "The Bloomberg Administration should stop fighting against reform, so not further injury is done to those already harmed by discriminatory policing." 

"It's time to listen to the people of our city, stop the political posturing, and unite behind these needed reforms that will improve safety and the relationship between our communities and the NYPD," she added. 

Assemblyman Karim Camara, chair of the NYS Black, Puerto Rican, Hispanic and Asian Legislative Caucus said that court of appeals decision to grant a stay on reforms is continuing to hurt communities. 

"The City should drop the lawsuit and work with communities to develop a system of law enforcement that protects the people while also respecting their rights," Camara said.