By Basil Katz
NEW YORK, Nov 7 (Reuters) - A civil liberties lawyer on
Wednesday asked a U.S. judge to force the New York Police
Department to develop and implement clear policies on how it
stops people in and around certain buildings in the borough of
the Bronx.
The request capped seven days of testimony before U.S.
District Judge Shira Scheindlin in Manhattan, in one of three
main lawsuits challenging aspects of New York City's
controversial "stop and frisk" crime-fighting tactics.
In the Bronx case, the New York Civil Liberties Union and 12
plaintiffs have asked Scheindlin for a preliminary injunction
against aspects of "Operation Clean Halls," a citywide police
patrol program inside and around private, mostly low-income
housing buildings that opt to enroll.
In his closing argument Wednesday, NYCLU attorney
Christopher Dunn asked the judge to compel the city to improve
oversight of the police so that stops of people suspected of
criminal trespass outside a "Clean Halls" property are made with
reasonable suspicion.
"We want a real, specific department policy and procedure
that spells out how and why a person can be stopped outside
'Clean Halls' buildings," Dunn said. Dunn also asked the judge
to order new training and accountability measures.
The NYPD and Mayor Michael Bloomberg have defended the
program - in which police stop and question people they suspect
of unlawful activity and frisk those they suspect are carrying
weapons - arguing it has lowered crime and taken guns off the
streets. The police deny that race or quotas motivate stops.
The city has argued that new training and increased NYPD
internal scrutiny on the tactic had addressed the lawsuit's
complaints about the Bronx stops.
Mark Zuckerman, a city attorney, on Wednesday said the
plaintiffs had "failed to establish a custom or practice of
unlawful stops."
The NYCLU argues that last year, 1,137 of 1,857 stops in the
Bronx of people suspected of criminal trespass outside "Clean
Halls" properties were made without reasonable suspicion and
were potentially unlawful.
The city counters that the stops were not necessarily tied
to a "Clean Halls" building and likely were justified for other
reasons.
Over the course of the seven-day bench trial, the judge
heard testimony from high-ranking police officials, individual
plaintiffs and expert witnesses. Scheindlin on Wednesday said
she would rule only after reviewing additional written briefs to
be submitted later this month.
In a ruling last month allowing another stop-and-frisk
lawsuit to proceed to trial, Scheindlin said that case involved
"matters of grave public concern." She also questioned whether
police, in their zeal to keep housing residents safe, were
violating the rights of the same people they were seeking to
protect.
The case is Jaenean Ligon et al v City of New York, U.S.
District Court, Southern District of New York, no. 12-cv-2274.
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