Gothamist
A non-profit newsroom, powered by WNYC.
Gothamist
Listen Live
News
Bloomberg Loses Last Chance Appeal On Stop & Frisk
By
John Del Signore
Published Nov 22, 2013
Modified Nov 22, 2013
Share
FacebookTwitterRedditEmail
Never miss a story
Email address
By submitting your information, you're agreeing to receive communications from New York Public Radio in accordance with our Terms .
nycmayorsoffice's Flickr
By
John Del Signore
Published Nov 22, 2013
Modified Nov 22, 2013
Share
FacebookTwitterRedditEmail
We rely on your support to make local news available to all
Make your contribution now and help Gothamist thrive in 2026. Donate today
Gothamist is funded by sponsors and member donations
The Bloomberg administration has lost an eleventh hour attempt to nullify a landmark ruling against the NYPD's controversial stop & frisk program. Today's ruling [pdf] by the three-judge US Court of Appeals panel declines to toss out the decision from federal judge Shira Scheindlin, who ruled in August that the NYPD's use of stop-and-frisk is unconstitutional. Last month, the same appeals court froze implementation of Scheindlin's ruling pending an appeal, and took the unusual step of removing her from the case because of alleged bias and misconduct.
Lawyers for the City saw the panel's rebuke of Scheindlin as an opportunity to press for her ruling to be vacated completely, and although the City's previous appeal made no allegations of judicial misconduct, the follow-up motion homed in on Scheindlin's alleged bias.
In today's decision, the Appeals panel proved unwilling to completely toss out Scheindlin's ruling. Instead, the panel signaled that City lawyers could make their arguments during the appeal trial next year, which isn't going to happen, because Mayor-elect de Blasio is expected to drop the City's appeal and turn Rikers Island into a holistic yoga center.
In response to the ruling, the City's top lawyer, Michael A. Cardozo, said, "Today's ruling not only confirms that Judge Scheindlin is removed from the case, but it also rejects her lawyer's contention that the court lacked relevant information when issuing that ruling. The Second Circuit also made it clear that we could raise the issue of vacating her ruling when the appeal is heard. The City is moving ahead full speed with its appeal, and we maintain that the City's police force has acted lawfully in its application of stop, question and frisk."
Christopher Dunn, the NYCLU’s associate legal director, had a somewhat different take: "This marks the end of the Bloomberg administration’s unseemly effort to short-circuit the appeals process and undo the district court’s rulings before Mayor-elect Bill de Blasio takes office. Hopefully, the legal theatrics will now end and we can all go back to the important task of reforming stop-and-frisk."
Tagged
bloomberg
law
stop and frisk
the trial
John Del Signore
Originally from the Albany area, John Del Signore has called NYC home since 1995. In addition to his thousands of meticulously-crafted bespoke blog posts for Gothamist, his writing has also been published in The Awl, Deadspin, The Nervous Breakdown, and performed at The Brick Theater in Brooklyn.
Read more
Gothamist is funded by sponsors and member donations
Gothamist is funded by sponsors and member donations
MORE news
Bronx man indicted for murder in fatal bodega shooting
Prosecutors say Jesus Acosta shot and killed Tayvon Shuler, then robbed the East 149th Street store last month.
By
Giulia Heyward
Published Sep 29, 2026 at 7:44 p.m. ET
Mamdani must redo his pied-à-terre tax rollout, NY judge orders
A Staten Island judge ruled against the city in a lawsuit challenging the rollout of the new tax, a day after a billionaire casino mogul sued to invalidate it.
By
David Brand
News
Mamdani must redo his pied-à-terre tax rollout, NY judge orders
A Staten Island judge ruled against the city in a lawsuit challenging the rollout of the new tax, a day after a billionaire casino mogul sued to invalidate it.
By
David Brand
NYC eyes higher fines for owners of dirty vacant lots, abandoned construction sites
By
Liam Quigley
NJ Gov. Sherrill vetoes 2 bills meant to give strapped Jersey City more revenue tools
By
Michael Sol Warren
Brooklyn residents displaced after facade falls off neighboring building amid nor'easter
By
Catalina Gonella
Never miss a story
Catch up on the most important headlines with a roundup of essential NYC stories, delivered to your inbox daily.
Sign upEmail address
By submitting your information, you're agreeing to receive communications from New York Public Radio in accordance with our Terms .