• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Bloom'burg Spanked Again: Federal Judge Appoints Master Due to NY Mayor Overreach

The Donkey

New member
Joined
Sep 21, 2006
Messages
1,114
Location
Northern Virginia
“No one should live in fear of being stopped whenever he leaves his home to go about the activities of daily life,” the judge wrote. During police stops, she found, blacks and Hispanics “were more likely to be subjected to the use of force than whites, despite the fact that whites are more likely to be found with weapons or contraband.”

Link to New York Times article, and through that, to decision here:


https://www.facebook.com/GreidingerLegalWorks?ref=br_tf



 
Last edited by a moderator:

KBCraig

Regular Member
Joined
Aug 7, 2007
Messages
4,886
Location
Granite State of Mind
It's a terrible ruling.

The correct ruling would have been to throw out the practice all together, and to declare such arbitrary stop-and-frisk searches as unconstitutional. The judge didn't do that, though: her only concern was the racial disparity.

So, she appointed a monitor to oversee the program, and make sure that whites and Asians are searched proportionally with blacks and hispanics.
 

Freedom1Man

Regular Member
Joined
Jan 14, 2012
Messages
4,462
Location
Greater Eastside Washington
{quote}“No one should live in fear of being stopped whenever he leaves his home to go about the activities of daily life,” the judge wrote. During police stops, she found, blacks and Hispanics “were more likely to be subjected to the use of force than whites, despite the fact that whites are more likely to be found with weapons or contraband.”[\quote]

Link to New York Times article, and through that, to decision here:


https://www.facebook.com/GreidingerLegalWorks?ref=br_tf



{quote} and then {/quote} not \
 
Last edited:

davidmcbeth

Banned
Joined
Jan 14, 2012
Messages
16,167
Location
earth's crust
“No one should live in fear of being stopped whenever he leaves his home to go about the activities of daily life,” the judge wrote. During police stops, she found, blacks and Hispanics “were more likely to be subjected to the use of force than whites, despite the fact that whites are more likely to be found with weapons or contraband.”[\quote]

Link to New York Times article, and through that, to decision here:

Why not just link to the NYT article? Waht - you want hits on a FB page?
 

rushcreek2

Regular Member
Joined
Jun 27, 2010
Messages
909
Location
Colorado Springs. CO
OMG - " Profiling !" How do we avoid the appearance of " profiling" ?

Of course ! Coming soon- to NYC Random sidewalk "sobriety" checkpoints.
 

color of law

Accomplished Advocate
Joined
Oct 7, 2007
Messages
5,946
Location
Cincinnati, Ohio, USA
It's a terrible ruling.

The correct ruling would have been to throw out the practice all together, and to declare such arbitrary stop-and-frisk searches as unconstitutional. The judge didn't do that, though: her only concern was the racial disparity.

So, she appointed a monitor to oversee the program, and make sure that whites and Asians are searched proportionally with blacks and hispanics.

You must have read a different case than me.
VI. CONCLUSION
For the foregoing reasons, the City is liable for the violation of plaintiffs’ Fourth and Fourteenth Amendment rights. In a separate opinion, I will order remedies, including immediate changes to the NYPD’s policies, a joint-remedial process to consider further reforms, and the appointment of an independent monitor to oversee compliance with the remedies ordered in this case...
I thought when your Fourth Amendment right is violated the violation, in itself, is an unconstitutional act.

I believe the court will now enter the penalty phase of the suit if damages are being sought. Once that is completed a final appealable order will be issued.
 

davidmcbeth

Banned
Joined
Jan 14, 2012
Messages
16,167
Location
earth's crust
OMG - " Profiling !" How do we avoid the appearance of " profiling" ?

Of course ! Coming soon- to NYC Random sidewalk "sobriety" checkpoints.

I was in NYC, stopped by a cop and asked to prove that I was white. When I asked "How?" he said "American-Indian eh?"

Last time I was in NYC 3 cops said they were going to arrest me .. when I demanded that they try, they ran away.

They know when they are full of it & nobody wants a crack in the jaw for that...
 

marshaul

Campaign Veteran
Joined
Aug 13, 2007
Messages
11,188
Location
Fairfax County, Virginia
It's a terrible ruling.

The correct ruling would have been to throw out the practice all together, and to declare such arbitrary stop-and-frisk searches as unconstitutional. The judge didn't do that, though: her only concern was the racial disparity.

So, she appointed a monitor to oversee the program, and make sure that whites and Asians are searched proportionally with blacks and hispanics.

Right.

"Listen, your actions are violating your citizens' constitutional rights. Therefore, you're going to have to stop-and-frisk more whites."

Meanwhile, one of the most detestable people on the planet had the following to say:

Mayor Michael R. Bloomberg angrily accused the judge of deliberately denying the city “a fair trial” and said the city would file an appeal.

I love how he manages to twist their being the defendant into somehow also being the victim.

Sorry, Bloomy. It was "fair" that your trash government was given a trial at all. It was more than fair that justice wasn't done years ago by charging you and half the police criminally with violation of civil rights under color of law. Fair would be you rotting in a prison cell for the rest of your life.

He said he hoped the appeal process would allow the current stop-and-frisk practices to continue through the end of his administration because “I wouldn’t want to be responsible for a lot of people dying."

This man really is one of the vilest pieces of filth alive.
 
Last edited:

The Donkey

New member
Joined
Sep 21, 2006
Messages
1,114
Location
Northern Virginia
Terry v. Ohio was wrongly decided, one reason is that it is so easily subject to abuse, and Bloomberg's New York City is Exhibit A. Realistically, though, one US District Court judge doesn't have the moxy to resolve the problems inherent in Terry.

This Court was correct to point out that Bloomberg's obnoxious Stop and Frisk policies were lies designed to disguise the open secret that he was mis-targeting minorities because -- among other reasons, from his perspective & police excepted -- a black man cannot be trusted to safely carry a gun. Maybe more white people would have been stopped and frisked, and maybe this practice would have been more common in wealthy areas, but people in those areas would have flooded the mayor's office with angry calls if he did this, and the residents of these neighborhoods are Bloomberg's base. Stop and frisk can seem friendly and healthy if it is not directed at you, but crime is.

The 14th Amendment's Due Process clause makes the 4th Amendment's protections against arbitrary search and seizure applicable to state and local authorities like the NYPD, which is one reason why it is important. But the Equal Protection clause is equally important, because, among other reasons, it assures that minorities are not discriminated against in their Second Amendment rights.

OCDO claims that it is a civil rights organization and its membership often asserts that they are part of a civil rights movement. That means that its members should be protective of the civil and constitutional rights of minorities, including their rights under the Equal Protection clause. For the most part, I think it is. But for a very loud few, the open carry movement is just another way to display what regressive twits they are.

This decision is a real defeat for Bloomburg, who made stop and frisk the centerpiece of his anti-crime approach. Bloomburg's brand of antigun statism is the polar opposite of the philosophy this community represents, and if this decision is upheld on appeal, that is just as much cause for celebration as the courts' pro-gun decisions leading up to Heller.

PS. The Facebook page belongs to a lawyer who is interested in civil rights, and has participated in firearms related civil rights litigation. He now practices in Maryland, but anticipates expanding his practice into Virginia. Besides that, he is smart, handsome, humble, and follows interesting legal developments on Facebook. It is always a good idea to have a few firearms friendly lawyers in your state in your network. One more passive way to create a connection that may be useful in a bind is to find lawyers who you think could be helpful, save their links, and "like" their pages.
 

Black_water

Regular Member
Joined
Jun 11, 2013
Messages
125
Location
On The Border in AZ
Bloomberg seems to think that his money buys him Monarch status.

Glad they knocked down the soda ban and I am glad they got this too.

He is exactly what I read about in "Animal Farm" back in the day. Can't wait until he goes away.
 

mikeyb

Regular Member
Joined
Feb 19, 2013
Messages
554
Location
Bothell
Maybe I'm reading a totally different story, but from what I've read, the judge declared the NYPD's "Stop & Frisk" policy unconstitutional, not the act itself. The judge also said there's nothing wrong with the Stop & Frisk program (paraphrased, I don't have time to find the quote).

Stop & Frisk isn't going away, but it should. The program is a violation of Constitutional rights. I haven't read the grounds of the case or the published decision. I'm sure there will be another court battle.
 

color of law

Accomplished Advocate
Joined
Oct 7, 2007
Messages
5,946
Location
Cincinnati, Ohio, USA
The purpose of this Opinion (the “Remedies Opinion”) is to determine what remedies are appropriate in these cases. I address both cases in one Opinion because the remedies necessarily overlap. Each requires that the NYPD reform practices and policies related to stop and frisk to conform with the requirements of the United States Constitution. I stress, at the outset, that the remedies imposed in this Opinion are as narrow and targeted as possible. To be very clear: I am not ordering an end to the practice of stop and frisk. The purpose of the remedies addressed in this Opinion is to ensure that the practice is carried out in a manner that protects the rights and liberties of all New Yorkers, while still providing much needed police protection.

When you read the remedies you will see there is nothing left but its name (stop and frisk). The judge emptied the cooking jar.

And the worse part for NY is many cops will have to wear video cameras. No more he says she says.
 

The Donkey

New member
Joined
Sep 21, 2006
Messages
1,114
Location
Northern Virginia

What's the matter? You have a problem with free enterprise?

sigh.gif


Another example of creeping socialism.

But hey, don't let that stop you from friending a good consigliere: as the Bloomberg experience illustrates, commeth the revolution, even socialists will sometimes require the services of a good firearms friendly lawyer:

https://www.facebook.com/GreidingerLegalWorks?ref=br_tf
 

sudden valley gunner

Regular Member
Joined
Dec 13, 2008
Messages
16,674
Location
Whatcom County
It's complicated, but this ruling almost certainly means that Bloomberg's aggressive and unconstitutional "stop and frisk" campaign is over.

http://jurist.org/paperchase/2013/11/federal-appeals-court-upholds-stop-and-frisk-ruling.php


Bloomberg has not stopped trying to impose his brand of conservative communitarian paternalism on the rest of the USA.

This sets him back considerably.

Yep of the two major parties there is no liberal one, there are two conservative (maintaining the status quo of increasing government intrusion) parties.......:eek:
 

eye95

Well-known member
Joined
Jan 6, 2010
Messages
13,524
Location
Fairborn, Ohio, USA
It's complicated, but this ruling almost certainly means that Bloomberg's aggressive and unconstitutional "stop and frisk" campaign is over.

http://jurist.org/paperchase/2013/11/federal-appeals-court-upholds-stop-and-frisk-ruling.php


Bloomberg has not stopped trying to impose his brand of conservative communitarian paternalism on the rest of the USA.

This sets him back considerably.

Bloomberg is NOT a conservative. He is a "progressive."


Sent from my iPad using Tapatalk.

<o>
 
Top