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NACDL News: Court’s Repudiation of ‘Stop-and-Frisk’ Practice Underscores Extent of Racial Profiling in Criminal Justice System
By Ivan J. Dominguez and Isaac Kramer
NACDL News columns.
In a nearly 200-page opinion and order issued August 12, U.S. District Court Judge Shira A. Scheindlin in the Southern District of New York ruled in the closely followed class action case of Floyd v. City of New York that the City of New York “is liable for violating plaintiffs’ Fourth and Fourteenth Amendment rights.” The court further found that “[t]he city acted with deliberate indifference toward the NYPD’s practice of making unconstitutional stops and conducting unconstitutional frisks” and that “[e]ven if the city had not been deliberately indifferent, the NYPD’s unconstitutional practices were sufficiently widespread as to have the force of law.” As the city “adopted a policy of indirect racial profiling by targeting racially defined groups for stops based on local crime suspect data[,]” the court found the resulting “disproportionate and discriminatory stopping of Blacks and Hispanics in violation of the Equal Protection Clause.” In a separate 39-page opinion and
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