[de Blasio] Living in a post-Bloomberg era

[garbon]

http://news.yahoo.com/nyc-mayor-dropping-stop-frisk-appeal-163455505.html

New York City Mayor Bill de Blasio's administration filed court papers Thursday seeking to drop an appeal of a judge's decision ordering major reforms to the police department's stop-and-frisk policy.

The papers filed in the 2nd U.S. Circuit Court of Appeals in Manhattan said the city was seeking to return the case to a lower court for 45 days "for the purpose of exploring a full resolution."

A judge ruled last year that the New York Police Department had discriminated against blacks and Hispanics with how it went about stopping, questioning and sometimes frisking people on the street. The judge ordered major reforms to the department's implementation of the policy.

Then-Mayor Michael Bloomberg appealed the decision. But de Blasio, who took office at the beginning of the year, is now seeking to drop the appeal.

Bloomberg was a staunch advocate of the policy and his administration appealed the decision. Stops had soared under his 12-year tenure to more than 5 million in the past decade, mostly of black and Hispanic men. About 10 percent of the stops result in arrests or summonses, and weapons were found about 2 percent of the time.

Four men sued the department in 2008, saying they were unfairly targeted because of their race. U.S. District Court Judge Shira Scheindlin presided over a 10-week bench trial where she heard testimony from a dozen New Yorkers who said they were wrongly stopped. She agreed and imposed a court-appointed monitor to oversee reforms, but her ruling has been on hold pending the appeal.

The federal appeals court also took the unusual step of removing Scheindlin from the case, saying she misapplied a related ruling that allowed her to take it to begin with and had spoken inappropriately publically about the case.

De Blasio and his new police commissioner, William Bratton, have said the policy has created a rift among New Yorkers who don't trust police, and it's made morale low for officers who should be praised for stellar efforts reducing crime to record lows.

The stop-and-frisk tactic itself was not ruled unconstitutional; rather the way the department was using it violated civil rights, the judge said.

[Barrister]

[The Brain]

There was a Die Hard movie on TV recently. Black New Yorkers were portrayed as murderous thugs who don't care for free speech.

[Habbaku]

There was a Die Hard movie on TV recently. Black New Yorkers were portrayed as murderous thugs who don't care for free speech.

[The Minsky Moment]

OK . . .
Now without looking at Scheindlin's ruling, tell me which of the remedial measures you oppose and why?

[Barrister]

OK . . .
Now without looking at Scheindlin's ruling, tell me which of the remedial measures you oppose and why?

My complaint is actually this:

A trial level decision is fine, but doesn't have precedential value for subsequent courts.  Thus, the legality of "stop and frisk" is still very much in the air.

An Appellate level decision would, however, be binding on lower courts.  It would more clearly establish what is and is not permissible.

[The Minsky Moment]

My complaint is actually this:

A trial level decision is fine, but doesn't have precedential value for subsequent courts.  Thus, the legality of "stop and frisk" is still very much in the air.

An Appellate level decision would, however, be binding on lower courts.  It would more clearly establish what is and is not permissible.

I don't think the legality of stop of frisk is up in the air.  There are already a LOT of US Supreme Court cases addressing the issue that describe in considerable level of detail when law enforcement may stop and search a person and when not.  the main thrust of the remedial order is to direct NYPD to apply this existing doctrine.

While it is possible that a decision on appeal would add incremental detail to this body of law within the limited confines of the states of New York, Connecticut and Vermont, it isn't really the job of the mayor of New York to fill the pages of law review articles, rather to run his city agencies in the most effective and lawful manner he can.

[katmai]

Yeah Beeb, stop trying to impose your draconian Canadian laws on us!

[Barrister]

Yeah Beeb, stop trying to impose your draconian Canadian laws on us!

Back off you hoser.

[Eddie Teach]

Katmai's a hoser, lulz.

[CountDeMoney]

Cowardly move by Hizzoner.

[garbon]

I don't know. Unlike Obama, at least de Blasio is sticking to some of the positions he espoused while campaigning.

[CountDeMoney]

I don't know. Unlike Obama, at least de Blasio is sticking to some of the positions he espoused while campaigning.

ORLY?  A dead Bin Laden and the end of two wars isn't sticking to positions?  Hater.

[garbon]

I don't remember claiming otherwise.

[CountDeMoney]

Unlike Obama,

That's hate, right there.