Constitutional Law

2nd Circuit stays NYC 'stop-and-frisk' ruling, boots judge from case


A federal appeals court has stayed U.S. District Judge Shira A. Scheindlin’s ruling restricting and requiring monitoring of the city police department’s stop-and-frisk program and ordered that she be replaced in the case, the New York Times (reg. req.) reports. Meanwhile, the appeal is expected to proceed on the merits.

In a two-page Thursday order, a three-judge panel of the New York City-based 2nd U.S. Circuit Court of Appeals criticized Scheindlin for discussing the case in interviews and public statements while it was pending before her. This conduct “ran afoul” of legal ethics rules for judges by displaying an “appearance of partiality surrounding this litigation,” the panel said.

The ruling came only days after oral arguments described earlier this week by Bloomberg.

The Associated Press also has a story.

Related coverage:

ABAJournal.com: “Civil rights probe launched against Barneys and Macy’s by state attorney general”

ABAJournal.com: “Another famed NY retailer faces ‘shop and frisk’ allegations in suit by black actor”

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