Number of Pages:3
Date Created:October 31, 2013
Date Uploaded to the Library:November 04, 2013
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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.