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2ndCircuit

2ndCircuit

Page 1: 2ndCircuit

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Number of Pages:3

Date Created:October 31, 2013

Date Uploaded to the Library:November 04, 2013

Tags:EPA, ICE, CIA


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  • demand_answers

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13-3123; 13-3088
Ligon, al. City New York, al.; Floyd, al. City New York, al.
United States Court Appeals
FOR THE
SECOND CIRCUIT stated term the United States Court Appeals for the Second Circuit, held the
Thurgood Marshall United States Courthouse, Foley Square, the City New York, the
31st day October, two thousand thirteen.
Present:
John Walker, Jr.,
Jos Cabranes,
Barrington Parker,
Circuit Judges.
_____________________________________
Jaenean Ligon, al.,
Plaintiffs-Appellees.
City New York, al.,
13-3123
(Corrected)
Defendants-Appellants,
_____________________________________
_____________________________________
David Floyd, al.,
Plaintiffs-Appellees.
City New York, al.,
13-3088
Defendants-Appellants,
_____________________________________
Pending before the Court motion filed Appellants City New York al. seeking stay the District Court August 12, 2013 remedial order and preliminary injunction Remedies Opinion hereby ORDERED that the District Court January 2013 Opinion and Order,
well the August 12, 2013 Liability Opinion and Remedies Opinion, each which may
will have the effect causing actions taken defendants designees the District
Court, causing restraints against actions that otherwise would taken defendants, are
STAYED pending the disposition these appeals.
The appeal defendants both (consolidated) actions shall continue the normal
course, under the following schedule:
Defendants shall perfect their appeals January 24, 2014.
Plaintiffs shall file February 28, 2014.
Defendants shall reply March 14, 2014.
Oral argument shall heard date after March 14, 2014, set the Court due
course.
The cause REMANDED the District Court for the sole purpose implementation
this Order, and the mandate shall otherwise remain with this Court until the completion the
appeals process.
Upon review the record these cases, conclude that the District Judge ran afoul
the Code Conduct for United States Judges, Canon judge should avoid impropriety and
the appearance impropriety all activities. see also Canon 3(C)(1) judge shall
disqualify himself herself proceeding which the judge impartiality might reasonably questioned and that the appearance impartiality surrounding this litigation was
compromised the District Judge improper application the Court related case rule, see
Transfer Related Cases, S.D.N.Y. E.D.N.Y. Local Rule 13(a),1 and series media proceeding December 21, 2007 involving the parties Daniels City New York, No. Civ.
1695 (S.D.N.Y. filed Mar. 1999), the District Judge stated, [I]f you got proof inappropriate racial profiling good constitutional case, why don you bring lawsuit? You can certainly mark related. She also stated,
 [W]hat trying say, sure going get trouble for saying it, for $65 you can bring that lawsuit. 
She concluded the proceeding noting, And said before, would accept related case, which the
plaintiff has the power designate. Two the attorney groups working behalf plaintiffs Daniels, case
interviews and public statements purporting respond publicly criticism the District
Court.2
Accordingly, conclude that, the interest, and appearance, fair and impartial
administration justice, UPON REMAND, these cases shall assigned different District
Judge, chosen randomly under the established practices the District Court for the Southern
District New York. This newly-designated District Judge shall implement this Court
mandate staying all proceedings and otherwise await further action the Court Appeals
the merits the ongoing appeals. taking these actions, intimate view the substance merits the pending
appeals, which have yet fully briefed and argued.
The mandate shall ISSUE FORTHWITH for the sole purpose implementation this
Order and shall otherwise remain this Court. the interest judicial economy, any question, application, further appeal regarding
the scope this Order its implementation shall directed this panel, which will hear the
case the merits due course.
FOR THE COURT:
Catherine Hagan Wolfe, Clerk
challenging the New York Police Department stop-and-frisk practices, helped file Floyd the next month. See
generally Joseph Goldstein, Court Rule Directs Cases Over Friskings One Judge, N.Y. Times, May 2013.
See, e.g., Mark Hamblett, Stop-and-Frisk Judge Relishes her Independence, N.Y. Law Journal, May
2013; Larry Neumeister, Frisk Judge Calls Criticism Below-the-Belt, The Associated Press, May 19, 2013;
Jeffrey Toobin, Judge Takes Stop-and-Frisk, The New Yorker, May 27, 2013.