City to Begin Appeal of Stop-and-Frisk Ruling Friday

By Ben Fractenberg on August 15, 2013 3:48pm 

 From left to right, Police Commissioner Ray Kelly, Mayor Michael Bloomber, and Corporation Counsel Michael Cardozo at a press conference after Judge Shira Scheindlin ruled the city police department's stop-and-frisk poceedures unconstitutional on August 12, 2013.
From left to right, Police Commissioner Ray Kelly, Mayor Michael Bloomber, and Corporation Counsel Michael Cardozo at a press conference after Judge Shira Scheindlin ruled the city police department's stop-and-frisk poceedures unconstitutional on August 12, 2013.
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DNAinfo/Colby Hamilton

CIVIC CENTER — As promised, the mayor announced his intention to fight a federal judge's ruling curbing in the police department's stop-and-frisk policy on Friday, the city law department said.

Mayor Michael Bloomberg had vowed the city would appeal after Federal Court Judge Shira Scheindlin found the practice was "indirect racial profiling" in her decision on Monday.

"As the Mayor and Police Commissioner Kelly said on Monday, we strongly disagree with Judge Scheindlin's order," said Law Department counsel Michael A. Cardozo in a statement.  "We said we'd take immediate steps to appeal, and we plan to do so tomorrow by filing our Notice of Appeal."

Scheindlin's decision does not call for an end to stop-and-frisk but orders an independent monitor over the NYPD and for a pilot program where officers in the precincts that recorded the highest number of stops in 2012 will wear body cameras for one year.

Cardozo had previously said the city will ask for a stay, which was confirmed by sources, allowing for stop and frisks to continue while the appeal process moves forward.

If Scheindlin denies the appeal then city lawyers will go to the Second Circuit Court of Appeals, Cardozo had also said.

The lead attorney for the Center for Constitutional Rights arguing against stop-and-frisk, Darius Charney, said he hoped the city would move forward and start to reform the practice.

"The city can no longer be a part of the problem, the cause of the problem," Charney said during a Monday press conference. "They now need to be part of the solution."
 

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