This month, we discuss Floyd v. City of New York,1 in which the U.S. Court of Appeals for the Second Circuit affirmed a district court order denying a motion by a group of police unions to intervene in New York City’s “stop-and-frisk” settlement. The panel, which included Second Circuit Judges John M. Walker Jr., José A. Cabranes and Barrington D. Parker, issued a per curium opinion resolving the appeals in both Floyd and Ligon v. City of New York, a class action challenging New York City’s use of stop-and-frisk tactics in areas near public housing buildings. The panel affirmed the district court’s order, denied motions by the police unions to intervene in the related appeals, granted the city’s motion for voluntary dismissal of the appeals with prejudice, and remanded the case for further proceedings.

Prior Proceedings

In 1968, the U.S. Supreme Court in Terry v. Ohio, 392 U.S. 1 (1968), approved the police tactic of stopping and frisking people in the absence of probable cause, so long as the officer has a reasonable suspicion of criminal activity. Over the years, this lower threshold for stop-and-frisks has been highly controversial, with many asserting that the disproportionate demographic effect of stop-and-frisk procedures reflects racial bias. In 2003, the City settled Daniels v. City of New York, 99 Civ. 1695 (SAS), E.C.F. No. 153 (S.D.N.Y. 1999), a putative class action alleging that a unit in the New York City Police Department engaged in a pattern of race-based stop-and-frisks. The city agreed to amend certain of its stop-and-frisk practices and training, and to implement community outreach programs, for a five-year period.

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