Showing posts with label STOP AND FRISK. Show all posts
Showing posts with label STOP AND FRISK. Show all posts

October 31, 2013

Court Blocks Stop-and-Frisk Changes for New York Police

scheindlin-removal-580.jpeg

N.Y. TIMES

A federal appeals court on Thursday halted a sweeping set of changes to the New York Police Department’s practice of stopping and frisking people on the street, and, in strikingly personal terms, criticized the trial judge’s conduct and removed her from the case.
The Court of Appeals for the Second Circuit ruled that the judge, Shira A. Scheindlin, “ran afoul” of the judiciary’s code of conduct by compromising the “appearance of impartiality surrounding this litigation.” The panel criticized how she had steered the lawsuit to her courtroom when it was filed nearly six years ago.

Lawyers for the city had gone to the Second Circuit to ask for a stay of Judge Scheindlin’s ruling and of the court-ordered mandates. In granting the stay, the circuit went beyond what the city had requested and unexpectedly ordered that the stop-and-frisk lawsuit, known as the Floyd case, be randomly reassigned.
The new judge, John Koeltl, was instructed to put off “all proceedings and otherwise await further action” from the panel. The appeals court has not yet taken up whether Judge Scheindlin’s decision reached the correct constitutional conclusion regarding the police tactics.
“We intimate no view on the substance or merits of the pending appeals,” the two-page order stated.

One civil rights lawyer who brought the stop-and-frisk case, Jonathan C. Moore, said the Second Circuit’s criticism was misplaced, and expressed shock that the panel would remove Judge Scheindlin.
“I think it’s a travesty of justice for this panel of the Second Circuit to take this case away from a judge who worked very hard for the last five years to resolve very important, serious issues involving the civil rights of the residents of New York,” Mr. Moore said.
 
In its ruling, the panel of three judges — John M. Walker Jr, José A. Cabranes and Barrington D. Parker — criticized Judge Scheindlin for granting media interviews and for making public statements while the case was pending before her, including articles in The New Yorker and by The Associated Press. In criticizing the judge for bringing the stop-and-frisk case under her purview, the three-judge panel also cited an article by The New York Times in a footnote.
At issue is the related-case rule, which allows lawyers to steer similar lawsuits before the same judge. But the Second Circuit said Judge Scheindlin had improperly applied that rule, citing her comments in 2007 to civil-rights lawyers who sought to reopen a long-settled stop-and-frisk lawsuit. If “you got proof of inappropriate racial profiling in a good constitutional case, why don’t you bring a lawsuit?” she said, according to a transcript quoted in the order on Thursday. “You can certainly mark it as related.”
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Has New York City deprived citizens of their constitutional rights or created one of the great law-enforcement success stories? Photograph by Antonio Bolfo.
 
Here's the article that the U>S> Court of Appeals cited in their reversal of the case. JEFFREY TOOBIN THE NEW YORKER.  Outstanding in-depth coverage of the issues; The New Yorker at its best.
 
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JEFFREY TOOBIN NEW YORKER
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In a final irony, the resolution of the case may not matter much anymore. Bill de Blasio will be mayor soon, and he has vowed repeatedly to change the N.Y.P.D.’s stop-and-frisk policy anyway. The appeals-court judges can take the case away from Scheindlin, but they can’t take the mayoralty from de Blasio.

August 19, 2013

THE BLOOMBERG YEARS I






JIM DWYER N.Y. TIMES

Michael Bloomberg was keen to take on the impossible, or at least the seemingly so. And he did. A man whose public personality came in a plain brown wrapper presided during an era of radical change and rebirth in the city, much of it fostered by his administration.
He has stayed so long that he and New Yorkers are now getting on each other’s nerves: he, increasingly peevish and deaf to his critics; they, in turn, no longer able to detect or grant him any qualities beyond arrogance.
Mayors rarely leave office in New York on affectionate terms. In the case of Mr. Bloomberg, a relationship that was always fraught — and could it have been anything else with a mayor whose net worth, enormous to begin with, increased every 15 minutes by more than the city’s median annual household income? — has frayed.
 
Baffling, visionary, obstinate and brilliant, Mr. Bloomberg had complications that could be maddeningly hypocritical or endearingly human. He preached the virtues of dietary sodium restrictions, but sneaked shakes of salt onto slices of pizza. His staff let it be known that Mike Bloomberg had a regular guy palate for beer and a hot dog; at dinner with a few commissioners, he confided that he didn’t see why anyone should have to pay more than $300 for a good bottle of wine.
 
He led the country — indeed, the world — in taking strong measures to reduce carbon emissions, anticipating that the city’s population would grow by one million in the decade after he left office; meanwhile, he flew everywhere on private jets, the least carbon-efficient form of transportation on or above the earth, whether going to spend weekends at his house in Bermuda, or to lecture at a climate change conference in Copenhagen.


 
He was not naturally inclined to soaring oratory, so on his rare forays, the eloquence was indelible. Practically alone among elected officials in the United States, Mr. Bloomberg spoke in 2010 for the right of a Muslim group to open a mosque a few blocks from the site of the World Trade Center attacks, citing the founding principles of the nation. As he stood on Governors Island, with the Statue of Liberty visible over his shoulder, Mr. Bloomberg said: “We would be untrue to the best part of ourselves and who we are as New Yorkers and Americans if we said no to a mosque in Lower Manhattan.”
Last week, during a news conference in City Hall, the same mayor snarled at a judge for ruling that in searching the pockets of millions of young black and Latino men who had done nothing wrong, the police and the city had violated their constitutional rights. The moment lacked even a whisper of the grace that had made his voice so powerful on Governors Island.
It would be futile to try squaring those two Bloombergs.
 
Yet as he enters his final months in City Hall, the full arc of his era is coming into view. Mayors are often spectators, forced to play the hands dealt them by history, the economy, the public, their allies or campaign contributors. As much as any mayor of modern New York, Mr. Bloomberg has been a transformative figure, a shaper of his time.
 
Elected to lead a city that was the grieving, wounded site of an atrocity, he will depart as mayor of a city where artists have been able to decorate a mighty park with thousands of sheets of saffron, for no reason other than the simple joy of it; where engineers figured out how to turn sewage gas into electricity; where people are safer from violent crime than at any time in modern history.
He is shrewd and has often had good luck, and when that happy combination was in short supply, his vast personal fortune helped patch things over, do good deeds, buy allies. He was not conventionally partisan, and was clumsy in dealing with the baroque centers of power in Albany. The ideology that shaped his goals was, broadly, the allure of large numbers: get enough rich people and companies here, and they will support a government that can keep the city running for everyone else; make policies in public health, education and policing that, when multiplied across eight million people, will create a healthier, smarter, safer city. The love of big numbers led to great success and, at times, toxic excess.

 
Perhaps most important, he has had a knack for avoiding unnecessary political fights, and little anxiety about trying and failing. At his best, that combination of emotional efficiency and fearless experimentation changed the city.
 
Imagine the deep, drawn breaths of the audience — the gasps — at the finale of a special show held at the Time Warner Center in Columbus Circle on Feb. 24, 2005.
In an elegant performance hall, 13 honored guests, delegates from the International Olympic Committee, had been treated to aperitifs and a 40-minute revue that captured the New York of story, song and cinema.
Mayor Bloomberg and his committee had spared nothing in the enchantments, hoping to lure the 2012 Olympics to the city.
....Finally, at the very back of the stage, a giant curtain began to drop from a three-story wall of glass, shifting the spectacle to the actual city.
Framed in the giant window was Central Park. Its winter browns were pillowed in snow and swaddled in streaks of the saffron cloth of “The Gates,” an art installation that was glowing, thanks to lights held by volunteers stationed along miles of winding paths. Overhead, fireworks spattered rivers of color in the sky.
The only word for it was breathtaking: ...The Olympics delegation rose in ovation.
Now, eight years later, all of that evening’s shimmer has been stilled, the last trumpet notes faded with the embers from the rockets and the pinwheels. The 2012 Olympics went to London, not New York.
 
Tucked into that evening was something beyond a fling with the Olympics, which many New Yorkers could not have cared less about. Beyond the overreaching was something far-reaching. In the gasps at the finale, in every breath drawn by the audience, was the invisible substance that could be counted as Mr. Bloomberg’s most enduring, radical work: cleaner indoor air. The room was free of tobacco smoke. Even during cocktails, no one lit up. And not just on that gilded night, in that privileged space at the center of Manhattan, but in every restaurant, bar and watering hole throughout the five boroughs since March 30, 2003.
 
Soon after taking office, Mr. Bloomberg had met at Gracie Mansion with his first health commissioner, Dr. Thomas R. Frieden, who urged him to push for a complete ban on smoking in places where people work — no exceptions, no special pleadings by hotels or small places or private catering halls. A person who spent one minute in a smoky bar, Dr. Frieden said, would be exposed to as much pollution as someone who stood in the Holland Tunnel for 60 minutes at rush hour.

 
 ....the New York ban included bars and restaurants, whose trade lobbyists tried to stop it by warning of economic disaster. Commentators jeered about “Mommy Mayor” and the “Nanny State.” Mr. Bloomberg pushed past the catcalls and got a bill through the City Council that in addition to the ban, included money for cessation programs and steep taxes on cigarettes. The smoking rate for adults declined by a third, and for young people by half.
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Not just the air changed. City parkland grew by about 800 acres; 750,000 new trees have been planted, toward a goal of one million, an initiative that took off after the parks commissioner, Adrian Benepe, reported that every dollar the city spent on a tree returned $5.50 in savings on heating, cooling and public health.
The transportation commissioner, Janette Sadik-Khan, added 285 miles of bike lanes and turned over parts of Broadway near Times Square to pedestrians.
The waterfront on the East River in Queens and Brooklyn, rezoned to accommodate the Olympics that never came, grew to absorb a population that increases by the thousands every month. The No. 7 train line is being extended to 11th Avenue from Times Square, and then south, to irrigate a new crop of skyscrapers being planted on and around train yards. The city alone picked up the bill — unusual for transit projects — and intends to pay for it with the real estate taxes collected from new development.
Mr. Bloomberg committed $4 billion, more than all his predecessors combined, to build the third water tunnel, which was first proposed more than 60 years ago. Construction had begun in 1970, then dragged on through six mayoral administrations, slowing and stopping when money was tight; his acceleration of the project, however farsighted, had no political upside — it will not be completed until 2018, but property owners have had to pay steep increases in annual water bills.


 
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The city cut the number of young people detained for trial in juvenile court by as much as 50 percent, and reduced over all the number of people it sent to jail. Crime went down. At the same time, public health doctors increased screenings and treatment at Rikers Island, a likely vortex of communicable disease.
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Spending then skyrocketed to about $19,000 in the 2010-2011 year, the period for which data is most recently available. The increased spending has been targeted especially to the districts where schools are struggling the most through a program called Fair Student Funding, which began in 2008.
 
As one of his first acts, Mr. Bloomberg sought and won control of the schools, saying it would create accountability. He invested heavily in education: the amount of money spent on schools has doubled since 2001. More students graduated from high school in four years, though that success was not closely tied to how much money was spent in a given school; nor were the additional resources able to close the frustrating gap in test scores between higher-performing Asian-American and white students and their lower-scoring black and Hispanic classmates.       
The city opened 28 career and technical education high schools, the first new ones since the 1960s. Teachers were paid more, though the city did not negotiate a new evaluation system when it agreed to the increases, and later got into an ugly fight over it. However, approval of tenure applications, once all but automatic, dropped to 55 percent from 97 percent.
Mayoral control of the education system meant that a central administration had the power to close schools, corral space for charter programs, and set rigid rules for assigning students to schools. Many parents found the new educational bureaucracy hidebound and remote, and looked fondly back at the once-reviled community board system.
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Unlike most elected officials, Mr. Bloomberg had ample balm to spread around when the city budget dried up; over nine years, he gave about $200 million through the Carnegie Corporation to 600 arts and cultural groups, many of which had been cut adrift from the city budget.       
“The grants conveyed an indisputable good to the city’s social and cultural fabric,” the investigative reporter Tom Robbins wrote in The New York Post in June. “But political advantage was equally inescapable.”
The giving doubled in 2005, an election year, and tripled in 2008, when Mr. Bloomberg sought the right to run for a third term in office by undoing a limit of two that had been voted into law by public referendum. He spent more than $110 million on his re-election campaign, and barely won.
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No mayor finishes all the business that needs to be taken care of. When Mr. Bloomberg was toying with a run for president, he kicked liabilities down the road.

 
...the city’s public housing authority, which provides homes or vouchers for more than 600,000 people, has deferred maintenance in thousands of apartments. It needs $6 billion in capital financing.
And the durability of the experimental spirit that Mr. Bloomberg encouraged remains uncertain, as is the $383 million in private donations he raised in support of varied pilot projects: stopping domestic violence, preventing black and Latino young men from falling behind, manufacturing green roofs, getting salads into schools.
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The siren song of large numbers led the city to multiply the number of people that the police stopped and frisked.       
But the Constitution protects the rights of individuals and does not recognize the laws of large numbers. It requires that the more invasive an action the authorities take against a person, the greater the cause must be.
More than a year ago, Mr. Bloomberg himself had — sotto voce — said there would be changes to the police approach. The number of stops declined sharply. A more agile Mr. Bloomberg would have avoided a needless fight on behalf of a program that was already being reformed.
 
 

August 13, 2013

Stop-and-Frisk Practice Violated Rights, Judge Rules





N.Y. TIMES

A federal judge ruled on Monday that the stop-and-frisk tactics of the New York Police Department violated the constitutional rights of minorities in the city, repudiating a major element in the Bloomberg administration’s crime-fighting legacy.

The use of police stops has been widely cited by city officials as a linchpin of New York’s success story in seeing murders and major crimes fall to historic lows. The police say the practice has saved the lives of thousands of young black and Hispanic men by removing thousands of guns from the streets.
But the judge, Shira A. Scheindlin, found that the Police Department resorted to a “policy of indirect racial profiling” as it increased the number of stops in minority communities. That has led to officers’ routinely stopping “blacks and Hispanics who would not have been stopped if they were white.”
The judge called for a federal monitor to oversee broad reforms, including the use of body-worn cameras for some patrol officers, though she was “not ordering an end to the practice of stop-and-frisk.”
 
Richard Drew/Associated Press
Judge Shira A. Scheindlin of United States District Court, who ruled in the stop-and-frisk case
 
 
Mayor Michael R. Bloomberg angrily accused the judge of deliberately denying the city “a fair trial” and said the city would file an appeal.
Striking a defiant tone, Mr. Bloomberg said, “You’re not going to see any change in tactics overnight.” He said he hoped the appeal process would allow the current stop-and-frisk practices to continue through the end of his administration because “I wouldn’t want to be responsible for a lot of people dying.”
The judge found that for much of the last decade, patrol officers had stopped innocent people without any objective reason to suspect them of wrongdoing. But her criticism went beyond the conduct of police officers.
 
“I also conclude that the city’s highest officials have turned a blind eye to the evidence that officers are conducting stops in a racially discriminatory manner,” she wrote, citing statements that Mr. Bloomberg and the police commissioner, Raymond W. Kelly, have made in defending the policy.
Judge Scheindlin ordered a number of remedies, including a pilot program in which officers in at least five precincts across the city will wear cameras on their bodies to record street encounters. She also ordered a “joint remedial process” — in essence, a series of community meetings — to solicit public comments on how to reform the department’s tactics.
The judge named Peter L. Zimroth, a partner in Arnold & Porter L.L.P., and a former corporation counsel and prosecutor in the Manhattan district attorney’s office, to monitor the Police Department’s compliance with the United States Constitution. The installation of a monitor will leave the department under a degree of judicial control that is certain to shape the policing strategies under the next mayor.
 
 
Judge Scheindlin’s decision grapples with the legacy of Terry v. Ohio, a 1968 ruling by the Supreme Court, which held that stopping and frisking was constitutionally permissible under certain conditions. But she said that changes to the way the New York Police Department employed the practice were needed to ensure that the street stops were carried out in a manner that “protects the rights and liberties of all New Yorkers, while still providing much needed police protection.”
The judge found that the New York police were too quick to deem suspicious behavior that was perfectly innocent, in effect watering down the legal standard required for a stop.
“Blacks are likely targeted for stops based on a lesser degree of objectively founded suspicion than whites,” she wrote.
 
She noted that officers routinely stopped people partly on the basis of “furtive movements,” a category that officers have testified might encompass any of the following: being fidgety, changing directions, walking in a certain way, grabbing at a pocket or looking over one’s shoulder.
 
 
“If officers believe that the behavior described above constitutes furtive movement that justifies a stop, then it is no surprise that stops so rarely produce evidence of criminal activity,” Judge Scheindlin wrote.
She found that in their zeal to identify concealed weapons, officers sometimes stopped people on the grounds that the officer observed a bulge in the person’s pocket; often it turned out that the bulge was caused not by a gun but by a wallet.
“The outline of a commonly carried object such as a wallet or cellphone does not justify a stop or frisk, nor does feeling such an object during a frisk justify a search,” she ruled.
She emphasized what she called the “human toll of unconstitutional stops,” noting that some of the plaintiffs testified that their encounters with the police left them feeling that they did not belong in certain areas of the city. She characterized each stop as “a demeaning and humiliating experience.”
“No one should live in fear of being stopped whenever he leaves his home to go about the activities of daily life,” she wrote.
 
 
Her decision cites testimony of about a dozen black or biracial men and one woman who described being stopped, as well as the conclusions of statistical experts who studied police paperwork describing some 4.43 million stops between 2004 and the middle of 2012.
But the stops were not the end of the problem, Judge Scheindlin found. After officers stopped people, they often conducted frisks for weapons, or searched the subjects’ pockets for contraband, like drugs, without any legal grounds for doing so. Also, she found that during police stops, blacks and Hispanics “were more likely to be subjected to the use of force than whites, despite the fact that whites are more likely to be found with weapons or contraband.”
About 83 percent of the stops between 2004 and 2012 involved blacks and Hispanics, even though those two demographics make up just slightly more than 50 percent of the city’s residents. Mr. Bloomberg and Mr. Kelly have explained that disparity by saying it mirrored the disproportionate percentage of crimes committed by young minority men. But Judge Scheindlin dismissed the Police Department’s rationale.
 
“This might be a valid comparison if the people stopped were criminals,” she wrote, explaining that there was significant evidence that the people being stopped were not criminals. “To the contrary, nearly 90 percent of the people stopped are released without the officer finding any basis for a summons or arrest.”
Rather, Judge Scheindlin found, the stops overwhelmingly involved minority men because police commanders had come to see them as “the right people” to stop.