Appeals Court Won’t Toss NYC Stop-Frisk Rulings

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  • NEW YORK (AP) — A federal appeals court refused Friday to toss out court rulings finding that New York City carried out its police stop-and-frisk policy in a discriminatory manner, ending what was likely the city’s last chance to nullify the decisions before the arrival of a new mayor who has criticized the tactic.

    A three-judge panel of the 2nd U.S. Circuit Court of Appeals issued a five-page order Friday, saying the city could make its arguments to toss out the rulings when its appeal of the decisions of U.S. District Judge Shira Scheindlin is heard next year.

    Last month, the same appeals panel had suspended the effects of Scheindlin’s rulings and removed her from the case, saying she misapplied a related ruling that allowed her to take the stop-and-frisk case and made comments to the media during a trial that called her impartiality into question.

    The city had argued that the panel’s decision to remove Scheindlin meant it should also nullify her rulings.

    But the appeals judges rejected that without comment, while also saying the city could ask the appeals court to return the case to a newly appointed judge in the lower court “for the purpose of exploring a resolution.”

    The appeals court also rejected claims by a lawyer for Scheindlin that it had not seen enough of the court record before removing her from the case, saying it had.

    Scheindlin ruled in August that police officers sometimes carried out stop-and-frisk unconstitutionally by discriminating against minorities.

    The appeals court’s action appears to spoil the city’s bid to get Scheindlin’s rulings tossed before a new mayor sympathetic to her viewpoint takes office in January.

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