by Jordan Wells, Legal Fellow, New York Civil Liberties Union
Significant reforms are not far off for the NYPD’s stop-and-frisk program, but you might not know that from headlines of late. Most press has focused on “l’affaire Scheindlin,” but the newspapers have buried the lead: The present and future status of the right of New Yorkers to be free from unconstitutional stops and seizures.
In November, Bloomberg administration lawyers made a last-ditch attempt at the Second Circuit Court of Appeals to undo the district court’s findings that the NYPD has engaged in widespread violations of the Fourth and Fourteenth amendments. Former New York City Mayor Rudy Giuliani and ex-Attorney General Michael Mukasey chipped in their two cents, as the city—hoping to parlay the panel’s removal of Judge Scheindlin—made a bid for the appeals court to vacate the judge’s decisions. This was to no avail, and given the incoming mayor’s firm pledge to withdraw the appeal, the judge’s decisions are not going anywhere soon.
The same cannot be said for the current stop-and-frisk regime. The Second Circuit’s order denying vacatur explicitly contemplates the possibility of an “application to us for a return of the cases to the District Court for the purpose of exploring a resolution,” and every indication is that the case is headed for such a resolution in the New Year. Practically, this will mean that the plaintiffs in Floyd (stop-and-frisk writ large), Ligon (concerning practices in and around “Clean Halls” buildings) and Davis (concerning practices in and around public housing) will seek to reach consensus with the City on needed reforms.