NY Stop And Frisk Lawsuit Granted Class Action Status

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Finding the city’s attitude “deeply troubling,” a judge granted class action status Wednesday to a 2008 lawsuit accusing the New York Police Department of discriminating against blacks and Hispanics with its stop-and-frisk policies aimed at reducing crime.

U.S. District Judge Shira Scheindlin in Manhattan said in a written ruling that there was “overwhelming evidence” that a centralized stop-and-frisk program has led to thousands of unlawful stops. She noted that the vast majority of New Yorkers who are unlawfully stopped will never file a lawsuit in response, and she said class-action status was created for just these kinds of court cases.

The lawsuit alleged that the police department purposefully engaged in a widespread practice of concentrating its stop-and-frisk activity on black and Hispanic neighborhoods based on their racial composition rather than legitimate non-racial factors. The lawsuit said officers are pressured to meet quotas as part of the program and they are punished if they do not.

Darius Charney, who argued the case on behalf of the Center for Constitutional Rights, a non-profit legal organization, said: “We’re very pleased. We think she clearly got everything right on the law.”

He said the ruling “reinforces that this is a citywide problem the NYPD needs to address.”

In 2002, there were 97,296 stops. Last year, there were 685,724 stops, while there were 601,055 in 2010 and 575,304 in 2009.

The Police Department has said it made 203,500 street stops during the first three months of 2012, up from 183,326 in the first three months of 2011.

The RAND Corp. research organization, in a study commissioned by the NYPD and released in 2007, concluded the raw data “distorts the magnitude and, at times, the existence of racially biased policing.”

The study acknowledged that “black pedestrians were stopped at a rate that is 50 percent greater than their representation in the residential census.” But it said using the census as a benchmark was unreliable because it failed to factor in variables such as a higher arrest rate and more crime-suspect descriptions involving minorities.

Read more reactions concerning the class action status in the Huffington Post

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