New York police conduct a stop and frisk in 2009. (John M. Mantel/ZUMA Press/Newscom)
New York City has moved to withdraw its appeal of stop-and-frisk litigation on the heels of a ruling that refused to let police unions intervene (See Motion).
The city filed papers Tuesday with the U.S. Court of Appeals for the Second Circuit, asking to voluntarily dismiss with prejudice the appeals it initiated last year regarding rulings in Floyd v. City of New York, 08-cv-1034, and Ligon v. City of New York, 12-cv-2274.
Determining police engaged in unconstitutional behavior by stopping young, mostly black and Hispanic men without reasonable suspicion, Southern District Judge Shira Scheindlin issued an August 2013 remedial order that appointed Peter Zimroth, senior counsel at Arnold & Porter, as a monitor.
The city appealed under then-Mayor Michael Bloomberg.
In October, the Second Circuit stayed Scheindlin’s rulings and put Zimroth’s work on hold pending matters such as an intervenor bid from five police unions.
Mayor Bill de Blasio announced in January that he would not press the appeals.
The cases were re-assigned to Southern District Judge Analisa Torres, who denied the unions’ intervenor motion last month and agreed to a joint request from the plaintiffs and the city to modify the remedial order so that Zimroth’s tenure lasted three years (NYLJ, July 31).
Plaintiffs agreed to the city’s dismissal motion.
The city’s circuit motion noted one union, the Sergeant’s Benevolent Association, had filed a notice of appeal.
The city said because the union was not a party “and indeed has now been denied intervention by the District Court, its notice of appeal is not effective at this time.”
In a statement, a Law Department spokeswoman said, “the city has asked the federal appeals court to voluntarily dismiss the appeals in the stop, question and frisk cases. The plaintiffs have consented to that request.”