By Nate Raymond
NEW YORK, Jan 8 (Reuters) - A federal judge on Tuesday
ordered the New York Police Department to immediately stop
conducting trespass stops outside certain residential buildings
in the borough of the Bronx without "reasonable suspicion" that
an individual is engaged in criminal activity.
U.S. District Judge Shira Scheindlin issued her ruling in
the narrowest of three main lawsuits challenging New York City's
controversial "stop and frisk" policy.
The NYPD "systematically crossed" the line under the U.S.
Constitution, said Scheindlin, a judge in U.S. District Court in
Manhattan.
Scheindlin said the plaintiffs showed a "clear likelihood of
success" if the case proceeded to trial, and she entered a
preliminary injunction prohibiting the stops.
The NYPD and Mayor Michael Bloomberg have defended the
stop-and-frisk program, in which police stop and question people
they suspect of unlawful activity and frisk those they suspect
are carrying weapons. The NYPD and the mayor say it has reduced
crime.
Opponents have contended that stop-and-frisk targets
minorities and violates their Fourth Amendment rights for
protection against unreasonable searches and seizures.
In her 157-page ruling, Scheindlin said it was "difficult to
believe that residents of one of our boroughs live under such a
threat" of being stopped as they leave their homes.
"In light of the evidence presented at the hearing, however,
I am compelled to conclude that this is the case," she wrote.
Scheindlin said her ruling was limited, "directed squarely
at a category of stops lacking reasonable suspicion."
"Today's decision is a major step toward dismantling the
NYPD's stop-and-frisk regime," said Donna Lieberman, executive
director of the New York Civil Liberties Union, which
represented the plaintiffs.
NYPD Commissioner Raymond Kelly criticized the ruling as
"unnecessarily" interfering with the department's efforts to
keep buildings in the Bronx safe.
The plaintiffs in the case, which seeks class-action status,
are black and Latino residents of the Bronx. They argue the NYPD
violated their constitutional rights through widespread stops
through an anti-crime program once known as "Operation Clean
Halls" and now called the "Trespass Affidavit Program."
Under the program, police routinely patrol inside and around
privately owned, mostly low-income housing buildings that
participated. But the plaintiffs said police routinely stopped
residents without any reasonable suspicion.
"Their landlords explicitly requested this extra level of
protection," Kelly said in a statement. "The NYPD is fully
committed to doing so in a manner that respects the
constitutional rights of residents and visitors."
A criminologist who testified as an expert for the
plaintiffs last year found that out of 1,633 recorded stops
outside "Clean Halls" buildings in the Bronx in 2011, 63 percent
lacked any justification.
Scheindlin proposed new requirements for the NYPD to develop
a formal written policy on the limited instances it would be
allowed to stop a person. She also proposed ordering the city to
revise its training materials and programs for police officers.
Two separate stop-and-frisk lawsuits are pending and are
also before Scheindlin. In October, the judge denied the city's
bid to dismiss a lawsuit by black and Latino New York City
public housing residents who said their rights were violated.
A broader lawsuit over stop-and-frisk is set to become the
first of the three cases to go to trial on March 11. The
class-action case, filed by four black men, accuses police of
racial profiling in the searches.
Scheindlin on Tuesday said she would hold off on ordering
remedies in the Bronx case until the March trial and order
potential relief in both lawsuits together.
She gave the Bronx plaintiffs until Feb. 22 to file a brief
on remedies. A conference in the case is scheduled for Jan. 31.
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.
For the plaintiffs: Christopher Dunn, Alexis Karteron,
Taylor Pendergrass and Daniel Mullkoff, New York Civil Liberties
Union; J. McGregor Smyth, Jr., Mariana Kovel and Sarah
Lustbader, The Bronx Defenders; Foster Maer and Roberto
Concepcion, Jr., LatinoJustice PRLDEF; and John Nathanson, Tiana
Peterson, Mayer Grashin, Pedro Echeverria, Nicholas de Clerq and
Molly Webster, Shearman & Sterling.
For NYPD: Mark Zuckerman, Heidi Grossman, Joseph Marutollo,
Brenda Cooke, Richard Weingarten and Judson Vickers, New York
City Corporation Counsel.
(Additional reporting by Joseph Ax)
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