Federal Ruling Stands: Stop-and-Frisk Still Unconstitutional

11.22.13 Andy Cush

The Bloomberg administration has been scrambling to reverse a federal decision that ruled stop-and-frisk as practiced by the NYPD unconstitutional ever since it was handed down in August. They scored a temporary victory last month when 2nd U.S. Circuit Court of Appeals decided to suspend the effects of the ruling pending an appeal and remove steadfastly anti-stop-and-frisk judge Shira Scheindlin from the case.

The jig appears to be up, however as the same court ruled today not to toss out Scheindlin’s decision entirely. Theoretically, the city still has a chance to appeal next year, but incoming Mayor Bill de Blasio, a vocal critic of the NYPD practice, won’t continue to fight the ruling.

“This marks the end of the Bloomberg administration’s unseemly effort to short-circuit the appeals process and undo the district court’s rulings before Mayor-elect Bill de Blasio takes office,” Christopher Dunn of the NYCLU told Gothamist. “Hopefully, the legal theatrics will now end and we can all go back to the important task of reforming stop-and-frisk.”

(Photo: Michael Fleshman/Flickr)