New York City Joint Remedial Process: On NYPD's Stop, Question, and Frisk, and Trespass Enforcement Policies

Hon. Ariel E. Belen (Ret.), FCIArb
Hon. Ariel E. Belen (Ret.), FCIArb
JAMS Mediator, Arbitrator, Referee/Special Master, Neutral Evaluator

Published May 1, 2018

Justice Ariel E. Belen (Ret.) was appointed by Judge Analisa Torres of the Southern District of New York in November 2014 to serve as the Facilitator to guide the Joint Remedial Process described in the “Remedies Opinion” in Floyd v. City of New York and Ligon v. City of New York Nos. 08 Civ. 1034 and 12 Civ. 2274. See 959 F. Supp. 2d 668 (S.D.N.Y. 2013). The Remedies Opinion highlighted community input as a “vital part of a sustainable remedy in this case,” and placed the input of those communities “most affected by [the New York City Police Department’s (“NYPD”)] use of stop and frisk” at the “center of the Joint Remedial Process.” In the Court’s view, “If the reforms to stop and frisk are not perceived as legitimate by those most affected, the reforms are unlikely to be successful.” Id. at 686. The Remedies Opinion ordered the Joint Remedial Process to provide supplemental reform ideas in addition to the “Immediate Reforms” overseen by Monitor Peter Zimroth. These supplemental reforms may be no broader than necessary to bring the NYPD into constitutional compliance.

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