Stop-and-Frisk Plaintiffs Ask Circuit to Remand Cases

, New York Law Journal


Mayor Bill de Blasio, Corporation Counsel Zachary Carter, and Police Commissioner William Bratton
Mayor Bill de Blasio, left, announces agreement in landmark stop-and-frisk case on Jan. 30. Next to de Blasio are Corporation Counsel Zachary Carter, center, and Police Commissioner William Bratton.

The new administration's Law Department, they said, would move for a limited remand to pursue settlement that would include acceptance of a monitor, and would then drop the appeal.

Later that same day, the motions panel gave the proposed intervening police unions a chance to comment on the remand, and the plaintiffs a chance to respond, which they did Friday.

Also on Friday, Neuborne and his fellow amici wrote the court asking for clarification on a number of points, including the authority of the motions panel.

Scheindlin had come under fire by Cabranes, Parker and Walker for suggesting in a prior stop-and-frisk case that any new action would come to her under the related case rule. That new case turned out to be Floyd. The alleged steering of Floyd to her docket, and comments she made in three interviews with the media during the Floyd trial, gave the appearance of partiality, the panel said.

On Friday, Neuborne and the amici reiterated the need for en banc review in a letter to the court that criticized the motions panel. They asked if the panel's "failure to afford proposed amici any opportunity to explain the context of the District Judge's actions and/or inform the Motion Panel concerning the application of the related case rule in the Southern District of New York deprived the panel of crucial information needed to assess whether an objective observer in possession of all the facts might reasonably question the impartiality of the District Judge?"

In their own papers, the plaintiffs' lawyers say, "Despite the Unions' speculation and mischaracterizations … the parties have not reached a 'settlement agreement.' Instead, the parties have agreed to proceed towards resolving the litigation by negotiating the terms of the independent monitor."

They also argued that the police unions have the option to pursue intervention in the district court.

Former Mayor Rudoplh Giuliani and former U.S. District Judge and U.S. Attorney General Michael Mukasey also filed papers seeking leave to file as amici in support of the police unions' position opposing remand. The circuit granted their motion late Friday.

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