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Stop and Frisk Back in District Court for Settlement

By Gabriella Khorasanee, JD on February 26, 2014 2:58 PM

If you were just thinking, will this ever go away, then we're on the same page. And the short answer to your question is: no. Though we're headed there ... we think.

Last Friday, the Second Circuit handed down the latest in a series of decisions that have been going back and forth between the Southern District of New York and the Second Circuit Court of Appeals. While there will doubtless be more appeals, we're hoping that we're getting close to the end on this issue.

The Second Circuit's Order

The Second Circuit vacated its former stay of the proceedings, only to the extent to allow the parties to come to a settlement. Though a term of 45 days is set, the time may be extended "to the extent settlement negotiations remain fruitful." The court left the issue of determining whether the various law enforcement associations to intervene to the district court, with the case now reassigned to Judge Analisa Torres.

The New York City Patrolmen's Benevolent Association

The same day the Second Circuit issued its opinion, the Association released a press release stating: "Our mission has always been to gain a seat at the table in order to protect our members' rights and reputations." The statement continued: "We look forward to representing those interests and our hope is that the court will recognize the importance of having the police officers' voices heard in the process of addressing the issues raised in this litigation."

Remember when we said above that appeals would follow? Well, we're of the opinion that no matter what decision the district court comes to regarding whether law enforcement associations can intervene, someone's going to have a problem with it. If the district court does not allow them to intervene, they will appeal. If the district court does allow them to appeal, and go on with the appeal that Mayor de Blasio dropped, the City will appeal.

It's inevitable, but the bright side is that we're one step closer to finality ... sort of.

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