United States Second Circuit

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Floyd v. City of New York, 13-3088-cv

In this case, intervenor police unions seek to challenge the ruling of Judge Scheindlin that the City of New York (City) "stop-and-frisk" policy was carried out in a discriminatory manner. Denial of the unions' motions to intervene is affirmed and the City's motion for voluntary dismissal of the appeals with prejudice is granted, where: 1) the unions' motions to intervene are untimely (filed in September 2013 after years of public scrutiny and public filings related to "stop-and-frisk"), and allowing the unions to revive a now-settled dispute by intervening at this late juncture would substantially prejudice the existing parties; and 2) the unions' interests in their members' reputations and collective bargaining rights are too remote from the "subject of the action" to warrant intervention as a party.

Appellate Information

  • Decided 10/31/2014
  • Published 10/31/2014



  • United States Second Circuit