Recently in Civil Rights Law Category
The Second Circuit had a case of déjà vu last week when it had to reiterate its legal findings regarding whether a New York City Police Department's ("NYPD") policy violated the Fourth Amendment rights of New York City police officers. Not surprisingly, the Second Circuit agreed with its prior ruling.
There were just too many interesting things happening in the Second Circuit last week so here's a roundup of some of our favorites.
The drama surrounding New York's stop-and-frisk case is not slowing. Just within the last week we've seen a flurry of motions from all sides (and now on Judge Shira Scheindlin's behalf too), raising issues that bring the political nature of the case to the forefront.
The big question on New Yorkers' minds is: how will this end? But the answer to that question really has to do with when, because as with many things, timing is everything.
With only a few more weeks to go in this current hurricane season, a federal district judge ruled against New York City for failure to adequately provide emergency plans to protect the disabled during emergencies.
Two non-profits representing people with disabilities, and two disabled people, filed a suit against Mayor Michael Bloomberg and New York City following hurricane-turned-tropical storm Irene, alleging violations of the Americans with Disabilities Act, the Rehabilitation Act and New York City Human Rights Laws.
In what may be the most dramatic twist of events this year, the Second Circuit stayed Judge Scheindlin's injunctive order in New York City's stop and frisk case. But, that's not the surprising part. The Second Circuit panel, sua sponte, removed Judge Scheindlin from the case and had the action reassigned to another district judge.
Oh no they didn't ... Um, oh yes, they did. Though, it may not even matter.
The last presidential campaign brought to public view the impact of Super PACs, or Political Action Committees, as a result of the Supreme Court's decision in Citizens United v. FEC. And while the next presidential campaign is a few years off, we have some smaller elections going on around the country that are not immune from PACs.
Earlier this year in Floyd v. City of New York, U.S. District Judge Shira A. Scheindlin handed down a 237-page liability opinion finding that the City of New York, through the New York City Police Department ("City"), violated the Fourth and Fourteenth Amendment rights of plaintiffs by engaging in racial profiling in the execution of its stop and frisk policy.
The government may be in a partial shutdown, but the Second Circuit is alive and well, with two cases with big repercussions making moves in the judicial system.
State Employees Bargaining Agent Coalition v. Rowland
On Friday, Connecticut officials submitted a petition for writ of certiorari to the Supreme Court, asking it to review a Second Circuit decision that could have a national ripple effect on the relationship between state governments and their unionized work force, reports The Associated Press.
Though the founders of our country sought to evade religious persecution, and explicitly sought to separate church and state, more than 200 years later we are still talking about the intersection of religion and public life. (Sidebar: Someone please give Congress a refresher on our country's history. Today.)
And, we're not talking about a case coming out of the Bible Belt, the latest religion case comes out of the
usually hip older sister circuit, the Second.