City, Plaintiffs Reach Accord in Stop-and-Frisk

, New York Law Journal

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Plaintiff Nicholas Peart, Mayor Bill de Blasio and Corporation Counsel Zachary Carter
Mayor Bill de Blasio announces that New York City will not appeal Southern District Judge Shira Scheindlin's ruling that the police stop-and-frisk tactics are unconstitutional. Appearing with deBlasio yesterday at the Brownsville Recreation Center in Brooklyn are left, Nicholas Peart, 23, a plaintiff in the litigation, and Corporation Counsel Zachary Carter.

Vincent Warren, executive director for the Center for Constitutional Rights, whose lawyers served as co-counsel in Floyd, said the agreement marked "a significant day in the fight for accountability" and "the legal questions have now been settled."

Donna Lieberman, direcor of the New York Civil Liberties Union, whose lawyers led the way in Ligon, said "We all know that change starts with the message from the top" and "we believe in the good will and good intentions of the new administration."

Two separate groups of police unions moved to intervene in the appeal in September in the hopes of carrying the appeal forward should a new administration elect to pull the plug.

Their motions were also held in abeyance by the full court. Thursday, the circuit issued an order asking that they submit their views on the consent remand by Feb.7, with the parties in the case to reply by Feb. 14.

@|Mark Hamblett can be contacted at mhamblett@alm.com.

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    Bravo, Mayor de Blasio. Proud of you.Judge Scheindlin’s service to New Yorkers and the Constitution has been acknowledged and honored by Mayor de Blasio’s principled act to admit the abuse of stop-and-frisk. The Law Department, now presided over by Zack Carter, will honor the law rather than seek to make legal that which isn’t. Nazi Germany’s Nuremberg Laws taught us that making “evil” legal isn’t lawful, but ultimately, a war crime. Seeking to legalize unconstitutional behavior legal isn’t honest or honorable. There are more cases in the Law Department’s inventory that need to be addressed; we are prosecuting one such case, presided over by Judge Koeltl, which exposes the defective school disciplinary system potentially injuring 1.1 million school kids with false charges being levied, known to be false when made, just to victimize the innocent. For public service lawyers to assist in the harm will cost taxpayers even more in damages let alone the wrong lesson taught kids in school that truth and actual innocence don’t matter. Now, thankfully such behavior will run afoul of Corp Counsel Carter and Mayor de Blasio. It is a bright new day for a unified City that respect-in-fact the Constitution. /s/Ravi Batra

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