On Friday, Judge Netburn rejected the New Yorker magazine’s letter request to release a sealed deposition of former NYPD commissioner Ray Kelly, in a case brought by Muslim officer who sued Mr. Kelly and New York City for discrimination but lost on summary judgment. She found that she lacked jurisdiction to grant the request because the proper procedural vehicle is a motion to intervene under Rule 24 — which the District Court cannot address while an appeal is pending:
Continue Reading Judge Netburn Refuses New Yorker Magazine’s Request for Ray Kelly’s Deposition Because Appeal Divested Her of Jurisdiction
Intervention
Second Circuit Affirms Judge Torres’ Denial of Police Unions’ Request to Intervene in Stop-and-Frisk Cases
The opinion’s introduction summarizes the holding as follows:
We hold that the police unions’ motions to intervene are untimely and do not assert an interest that the law seeks to protect. The unions knew, or should have known, of their alleged interests in these controversial and public cases well before they filed their motions in
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Judge Torres Denies Police Unions’ Request to Intervene in Stop-and-Frisk Litigation
In a 108-page opinion today, Judge Torres ruled that various police unions could not intervene to block or appeal the settlement of litigation concerning the police practice known as “stop-and-frisk.” New York City and the plaintiffs have agreed to settlement terms, but Judge Torres found that the unions raised their objections too late and that, in any event, the unions lacked sufficient interest in the merits that were distinct from the interests of the City:
Continue Reading Judge Torres Denies Police Unions’ Request to Intervene in Stop-and-Frisk Litigation