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PDFFrom NYLJ:
New York City’s Law Department on Friday filed notices of appeal in the stop-and-frisk cases before Southern District Judge Shira Scheindlin. Leonard Koerner, chief of appeals for Corporation Counsel Michael Cardozo, filed the brief notices in two cases, the main one being Floyd v. City of New York, 08-Civ.1034, where Scheindlin on Aug. 12 found the city violated the Fourth and Fourteenth Amendment rights of hundreds of thousands of New Yorkers, mostly black and Hispanic men, through police stops without reasonable suspicion. The judge also appointed a monitor, former corporation counsel Peter Zimroth of Arnold & Porter.
The second notice was filed in Ligon v. City of New York, 12-Civ-2274, where the judge found the city liable in January for stopping without reasonable suspicion people entering, leaving or walking in front of private buildings in the Bronx that take part in the New York Police Department’s Trespass Affidavit Program. The Ligon notice also covers the judge’s Aug. 12 remedial order overlapping with the one in Floyd.
While Koerner said in the Floyd notice that the appeal is “from each and every part of said opinions,” and had similar language in the Ligon notice, one issue to be litigated is the extent to which Scheindlin’s rulings can be considered “final orders” amenable to appeal. The next step is for the city to ask the judge for a stay and, failing that, make the same request at the U.S. Court of Appeals for the Second Circuit.
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