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View Diary: BREAKING: 2nd Circuit Reinstates Stop & Frisk, Reprimands and Removes Judge Scheindlin. Updates. (306 comments)

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  •  A decision can be stayed pending an appeal (9+ / 0-)

    that hasn't happened yet - yes.

    Happens all the time.

    •  Yeah, that's clear. But the article spins it (2+ / 0-)
      Recommended by:
      jpmassar, caul

      toward sensational journalism. The general public gets the message that stop and frisk is back. The Daily News headline and others clearly state that stop and frisk has been reinstated.

      I can see that the decision could be interpreted as having the effect of reinstatement. But the decision didn't reinstate stop and frisk.

      The court attempted to clairy this point, imo, but the language is, as usual, somewhat ambigous.

      The Second Circuit has not yet taken up whether Judge Scheindlin’s decision reached the correct conclusion.

      “In taking these actions, we intimate no view on the substance or merits of the pending appeals,” the two-page order stated.

      Rather, the Second Circuit was only considering a request by the city to put off all of the reforms that Judge Scheindlin had ordered.

      So the appeal is challenging the remedies and arguing procedural and judicial conduct issues. IMO, Judge Scheindlin ordered some specific remedies that smell of overreach. Ordering the police to wear cameras, for one. .

      I think the city was right to appeal some of these issues.

      The city did not challenge the civil rights decision. That's good.

      "Never wrestle with a pig: you get dirty and the pig enjoys it"

      by GrumpyOldGeek on Thu Oct 31, 2013 at 04:18:19 PM PDT

      [ Parent ]

      •  Ordering the police to wear cameras is a great ide (1+ / 0-)
        Recommended by:

        It means there is a clear accounting of what happened every time a police officer is involved in an incident.

        It also would prevent most police brutality.

        Why are you against it?

        That quote about GDP by Robert Kennedy

        by erichiro on Thu Oct 31, 2013 at 09:17:17 PM PDT

        [ Parent ]

        •  I'm not (0+ / 0-)

          But it does nothing to prevent the cops from racial profiling and civil right violations. That's the court verdict. Camaras address other problems. The court ordered remedies that don't address the court's decisions. Which means that the appeal court was correct when they ruled that the decision was biased.

          Cameras ought to be part of the remedies, but the reasoning is faulty. Faulty reasoning leaves a court decision wide open for appeals. And that risks the finding that stop and frisk, as practiced by the NYPD, is NOT unconsitutional.

          The procedural details can't be ignored. The civil rights violation must stand.

          I'd bet that it will stand. But the remedies need to be reworked outside of this lawsuit.

          "Never wrestle with a pig: you get dirty and the pig enjoys it"

          by GrumpyOldGeek on Fri Nov 01, 2013 at 03:20:32 PM PDT

          [ Parent ]

          •  Of course it prevents the cops from profiling (0+ / 0-)

            If the cops are on video they can't get away with profiling and creating a he said/she said situation. The video will show the truth.

            That quote about GDP by Robert Kennedy

            by erichiro on Sat Nov 02, 2013 at 01:36:32 AM PDT

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            •  It will prove they don't beat up black folk (0+ / 0-)

              whose civil rights they are violating when they stop and frisk.

              Seriously. You're missing the entire point of the court case.

              It's a civil rights violation to stop and frisk a disproportionate number of minorites. It's not about protecting the cops from claims of police brutality. That isn't even claimed in the lawsuit.

              Sure, a camera is appropriate to deal with police brutality. If this were the issue. It's not the complaint. It's a civil rights violation whether or not cops beat someone.

              Profiling causes police brutality? Good luck with that....

              "Never wrestle with a pig: you get dirty and the pig enjoys it"

              by GrumpyOldGeek on Sat Nov 02, 2013 at 02:21:41 AM PDT

              [ Parent ]

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