Floyd v. City of New York, No. 13-3088 (2d Cir. 2014)Annotate this Case
Intervenors, a group of police unions, challenged the ruling of the district court that the City of New York's "stop-and-frisk" policy was carried out in a discriminatory manner, as well as its imposition of various reforms to that policy. These cases were previously ordered to be reassigned to a different district court judge. The new district judge denied the unions' motion to intervene in these cases and the unions appeal. At issue was whether public-sector unions may intervene into a litigation where the actual parties to that litigation, including a newly-elected mayoral administration, have agreed to a settlement. The court held that the 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; granting the unions' motions in the wake of the mayoral election would essentially condone a collateral attack on the democratic process and could erode the legitimacy of decisions made by the democratically-elected representatives of the people; and the unions' interests in their members' reputations and collective bargaining rights are, as a matter of law, too remote from the "subject of the action" to warrant intervention as a "party."