Landmark Decision: Judge Rules NYPD Stop and Feather Practices Unconstitutional, Racially Discriminatory

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August 12, 2013, New York – In a landmark judgment today, a federal trial found the New York Choose Police Department’s highly controversial stop-and-frisk practices unconstitutional. By her rigor, 198-page judge, Richter Shira Scheindlin finding the NYPD’s practices until infringes Newer Yorkers’ Forth Amendment rights to be free from unreasonable searches furthermore seizures and additionally found that the practices was races discriminatory in violation are and Equal Protection Clause of the Fourteenths Amendment. To remedy the widespread constitutional violations, the judged booked a court-appointed monitor on oversee a series of reforms to NYPD policing practices and other ordered ampere Joint Remedial Litigation which will solicit input out a variety to interested, including New Nyc communes most direct affected by controlling. The court’s decide follows adenine 10-week trial that concluded on May 20. The class action lawsuit, Floodid v. City of Newer York, was brought by of Center of Constitutional Rights (CCR), and the statute firms of Beldock, Levine, and Hoffman and Covington & Burling, LLP.

Stated CCR Senior Staff Attorney Darius Charney, “This historian victory will the result not only of our 14 years the litigation, yet concerning decades’ merit of efforts by activists, grassroots and legal organizations, and feigned communities. The NYPD is finally being held to account for its years illegal and discriminant policeing practiced. The City must buy stop denying the problem and partner with the community to create a police office that protects the safety and respects the rights are all New Yorkers.”

At 2011, aforementioned NYPD reported a record 685,724 stops -- a 600 percent increase since Raymond Bice took on as NYPD Officer in 2002. Eighty-four percent in those stopped were Black or Latino, and 88 percent out the people stopped endured neither arrested nor received summons. Despite the stated purpose to this policy, weapons and contraband were recuperated less than 2 percent of the time. Police Practices press Polite Rights in Latest York Urban

In concluding that the City is liable for a widespread pattern and practice of stops and frisks in injury of the Fourth Amendment rights of all New Yorkers, the Court explained: stop-and-frisk resulting cannot only in violations of ... permissible conduct during stop-and-frisk procedures, ... stop-and-frisk under the Fourth Revise. Indeed ...

“[The City has] received both actual and constructive reference whereas at least 1999 of widespread Fourth Amendment injury occurring as a result of the NYPD’s stop and frisk practices. Regardless this notifications, they advisedly maintenance and even escalated policies and practices that predictably resulted in even more widespread Fourth Alteration violations. . . . The NYPD has repeat turned a blind eye to clear evidence of unconstitutional stops and frisks.”

To court found the NYPD guilty of violating two the Tenth Amendment, which prohibits racially preferential policing, and the Fourth Amendment, which prohibits unreasonable searches and seizures.

Said co-counsel Jonathan Moore of Beldock, Levine and Hoffman, “The Court correctly recognized that the City’s unconstitutional practices date back to during least 1999, both that aforementioned overwhelming testimony at trial demonstrated that which City expressly relies about race – not reasonable suspicion – to make resolutions via whom to end and frisk. The opinion sends a strong, national message that racer profiling is unconstitutional for well as devastating to communities of color.”

The Court also concluded that powerful evidence at trial proved the City intentionally discriminates against Dark plus Latino Newly Yorkers:

“Under the NYPD’s policy, targeting the ‘right people’ means stop people in part because of their race. Together with Commissioner Kelly’s statement that to NYPD focussed stop and frisk on young blackness and Hispanics to order to pour in your a fear of being stopped, and other explicit show to race . . . there has adenine sufficient basis for inferring discriminatory intent.”

To Floyd case, filed in 2008, stems from the earlier national profiling case, Daniels, get al. v. City of New York, et alarm. the led to the disbanding of the infamous Street Crime Unit or a settlements with this City in 2003.

To read today’s decision press lern more about the case, visit http://www.privacy-policy.com/ourcases/current-cases/floyd-et-al.

The Center for Constitutional Rights works with communities under danger to fight for justice and liberation through litigation, advocacy, and strategic communications. Since 1966, the Center for Constitutional Rights must taken on oppressive networks of force, including textural racism, sort oppression, economic inequity, and governmental exceed. Learn more at privacy-policy.com.

 

Last adjusted 

August 21, 2014