Ligon v. City of New York
743 F.3d 362
2d Cir.2014Background
- Two consolidated class actions (Floyd and Ligon) challenged NYPD stop-and-frisk practices; District Court found constitutional violations and ordered remedial measures.
- District Court issued separate liability opinions and a Remedies Opinion requiring development of reforms and some interim changes.
- City appealed and requested a stay of the remedial measures; this Court granted a stay and reassigned the cases to a different district judge.
- Parties (including police unions) filed motions to intervene and motions for en banc review; the Court held those motions in abeyance to permit potential settlement discussions.
- The City moved for a limited remand to the District Court to explore settlement; unions opposed, seeking intervention and ability to continue the appeal if needed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether to remand cases to District Court to explore settlement | Plaintiffs consent to remand to attempt full resolution | City requests limited remand (45 days) to pursue settlement; public interest favors settlement | Granted: limited remand to District Court; period may be extended as needed |
| Where motions to intervene should be decided | Plaintiffs preferred resolving appeals before intervention questions | Unions want leave to intervene at appellate level to protect bargaining interests and continue appeal | Denied at appellate level: Court prefers District Court decide interventions first |
| Whether appellate court should adjudicate intervention motions | Plaintiffs/City emphasize settlement facilitation if interventions handled in district court | Unions rely on authority permitting appellate intervention | Court: generally preferable to have District Court decide intervention initially (citing Drywall Tapers) |
| Effect on prior stays and appellate briefing | Plaintiffs want process to proceed if settlement fails | City asked to vacate stays to permit settlement supervision | Court vacated prior stay of District Court proceedings to permit settlement supervision; otherwise District Court case remains stayed; appellate briefing stayed pending outcome |
Key Cases Cited
- Drywall Tapers & Pointers of Greater N.Y., Local Union 1974 of I.U.P.A.T., AFL-CIO v. Natasi & Assocs., 488 F.3d 88 (2d Cir. 2007) (appellate intervention generally less appropriate than district-court decision)
- In re Reassignment of Cases, 736 F.3d 118 (2d Cir. 2013) (court clarified reasons for reassignment and stay)
- Ligon v. City of New York, 925 F. Supp. 2d 478 (S.D.N.Y. 2013) (district court liability opinion)
- Floyd v. City of New York, 959 F. Supp. 2d 540 (S.D.N.Y. 2013) (district court liability opinion)
- Floyd v. City of New York (Remedies), 959 F. Supp. 2d 668 (S.D.N.Y. 2013) (district court remedies opinion)