Court Blocks Stop-and-Frisk Changes for New York Police

This surprises you?

Folks go in to the law, politics, and the media, to make change. And, if making change means ignoring the facts in favor of a good story, so be it. The ends justifies the means.

According to the Times today, President Obama merely misspoke when selling ObamaCare. Despite the fact that he repeatedly lied -- and knew he was lying -- the Times isn't offended, because they view the lies as necessary to instigate change, and because they were in on the lie.

 

So when a judge dismisses a case without prejudice--explaining how the plaintiffs failed to state a claim--are they "conspir[ing]" with the plaintiff by telling them how to fix their complaint?

I'm sure the GHWB-appointed, Republican judge is just as biased as Judge Scheindlin, so I'll wait to hear Prof. YF's analysis. His Y-chromosome just oozes with legal genius.

 

The court chided Scheindlin for encouraging the plaintiffs to file the lawsuit...

“[W]hat I am trying to say, I am sure I am going to get in trouble for saying it, for $65 you can bring that lawsuit," she continued, adding later, “And as I said before, I would accept it as a related case, which the plaintiff has the power to designate.”

Some of the attorneys in that case went on to file the current case, Floyd v. City of New York, the month after her comments.

http://bit.ly/16q0JyG

The judge isn't supposed to coach one side on how to get the results they're seeking.

Yeah, because I'm not a lawyer, I should defer to this judge's opinion, because he was appointed by a Republican president?

No.

He's sticking up for one of his own, who he thinks was shown up. Tough shit.

Meanwhile the three judges from the Court of Appeals, which slapped her down, included two appointed by Bill Clinton.

They said Judge Scheindlin had "compromised" the appearance of partiality by improperly inviting a stop-and-frisk suit.

Her actions were so out of line, the Second Circuit took this action on its own, without even a request from the city. Do you have any idea how rare that is?

 

I know Judge YankeeFan already wants her locked up, but the judge will be fighting this decision.

http://herculesandtheumpire.files.wordpress.com/2013/11/x1xneubornefiling.pdf

 

When Rudy Giuliani and Dona Hanover were going through their divorce, and she refused to move out of the Gracie Mansion, the Mayor's official residence, this was what his divorvce lawyer said about her:

"She will stay in Gracie Mansion until they take her screaming, scratching and kicking out of that place," Felder told Acting Manhattan Supreme Court Justice Judith Gische. "I suppose we're going to have to pry her off the chandelier to get her out of there,"

The judge really does not want to let this case out of her clutches.

 

And I trust you've actually read the 40-page transcript of the district court hearing where the related-case doctrine was invoked and are not just basing your opinion on the out-of-context statements in a newspaper. You know, the hearing in which she was telling the plaintiffs you claim she's in cahoots with that they could not raise newly discovered evidence.

 

I'm not sure why I need to base my opinion on anything other than the Court of Appeals ruling.

They ruled she acted improperly.

 

From the Second Circuit, it its order refusing to entertain Judge Scheindlin's complaint. Sorry, YF, can't just rely on the Second Circuit anymore:

http://herculesandtheumpire.files.wordpress.com/2013/11/gov-uscourts-ca2-13-3088-301-0.pdf

http://herculesandtheumpire.files.wordpress.com/2013/11/appellate-304-non-dispositive-per-curiam-amended.pdf

 

Are you related to this judge?

You're trying to spin this as some kind of vindication from her? They're not hearing her complaint, and say that a reasonable observer could question her impartiality.

In my opinion, and the NYPD's, she is biased.

I don't expect the Court to come out and say that, but they don't need to. They removed her from the case. That's good enough, and it speaks volumes.

 

The cost of Judge Scheindlin’s ruling:

 

That little ol' document they call Constitution can be pesky, can't it?

Also, perhaps the police source and the author of this article could use a course in elementary statistics.