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Media Alerts - Lingon; Floyd v. City of New York - Second Circuit
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November 22, 2013
  Lingon; Floyd v. City of New York - Second Circuit
Headline: Second Circuit Denies, Without Prejudice, New York City's Motions to Vacate District Court Judge Scheindlin's Stop and Frisk Stay Order and Denies Removed Judge's Motion Seeking Leave to Oppose City's Motions

Area of Law: Constitutional; Civil Procedure

Issue(s): Whether the Second Circuit should grant New York City's motions to vacate earlier District Court orders which enjoined the New York City Police Department from continuing to execute its stop and frisk policy, when these motions were filed prior to the Second Circuit's recent opinion that superseded the District Court Court's stay? Whether District Court Judge Scheindlin's motions requesting leave to move for an order denying the merits of New York City's motions to vacate may be granted when the Second Circuit, in a previous decision, had ruled that Judge Scheindlin lacks standing to appear on this matter.

Brief Summary: The Second Circuit handed down another brief opinion today in the New York City Police Department "stop and frisk" case, denying four pending motions. Specifically, on November 9, 2013, Appellant, City of New York ("City"), moved the Second Circuit to vacate District Court Judge Scheindlin's February 14 and August 12 orders granting preliminary injunctions enjoining the New York City Police Department from continuing to execute its stop and frisk policy. See Floyd v. City of New York, No. 13-3088, Dkt. 263; Lingon v. City of New York, No. 13-3123, Dkt. 187. Today, the Second Circuit denied the City's two motions without prejudice, to be considered as appropriate as part of the appeal on the merits, because the City's motion were submitted prior to the Second Circuit's November 13, 2013 opinions, which already superseded Judge Scheindlin's stay orders.

The Court also addressed two motions submitted on November 13, 2013 on behalf of Judge Scheindlin requesting "leave to move for . . . an order denying on the merits the City's motions to vacate." The Second Circuit denied these motions as well, relying on its previous denial on November 13 of Judge Scheindlin's motion seeking to appear in the Second Circuits in In re Motion of District Judge, and on the further ground that the Judge's motions are moot in light of the Court's denial today of the City's motions. In its opinion, the Second Circuit went on to address assertions made in Judge Scheindlin and other amicus motions that, in referencing an exchange in an earlier related case that was before Judge Scheindlin as support for its decision to remove Judge Scheindlin from the appeal in this matter, the Second Circuit was using used media reports, and not the actual court transcript of the case referred to. The Second Circuit clarified that, contrary to these assertions, the panel had the actual court transcript for the exchange cited before it when it issued the orders removing Judge Scheindlin and "[a]ny suggestion to the contrary us unfounded."

To read the full opinion, please visit:
http://www.ca2.uscourts.gov/de...f2e64b7459b/1/hilite/

Panel: Circuit Judges Walker, Cabranes, and Parker

Docket Number: Nos. 13-3123-cv, 13-3088-cv

Decided: 11/22/2013

Case Alert Author: Gillian Kirsch

Author of Opinion: Per Curiam

Circuit: 2d Circuit

Case Alert Circuit Supervisor: Elyse Diamond Moskowitz

    Posted By: Elyse Diamond @ 11/22/2013 01:50 PM     2nd Circuit  

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