City Argued Ruling Should Be Tossed After Judge Was Removed From Case

NEW YORK (CBSNewYork/AP) – A federal appeals court has refused to toss out court rulings finding that New York City carried out its police stop-and-frisk policy in a discriminatory manner.

The 2nd U.S. Circuit Court of Appeals ruled Friday. Last month, an appeals panel had suspended the effects of a lower-court ruling.

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The city had argued that the panel’s decision to remove federal Judge Shira Scheindlin meant it should also nullify her rulings.

A three-judge panel removed Scheindlin last month, saying she had misapplied a ruling that allowed her to preside over the stop-and-frisk cases and had made statements in media interviews that jeopardized the appearance of judicial objectivity.

Scheindlin ruled in August that police officers sometimes carried out stop-and-frisk unconstitutionally by discriminating against minorities.

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The court’s action appears to spoil the city’s bid to get Scheindlin’s rulings tossed before a new mayor sympathetic to her viewpoint takes office in January.

Mayor Michael Bloomberg has said Scheindlin knows “absolutely zero” about policing and has staunchly defended stop-and-frisk as a critical crime reduction tool. He and Police Commissioner Ray Kelly have said repeatedly the NYPD does not engage in racial profiling.

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