UNIFORMED FIRE OFFICERS ASSOCIATION v. DE BLASIO

Docket No. 20-2400 August Term 2020.

973 F.3d 41 (2020)

UNIFORMED FIRE OFFICERS ASSOCIATION, Uniformed Firefighters Association of Greater New York, Police Benevolent Association of the City of New York, Inc., Correction Officers' Benevolent Association of the City of New York, Inc., Sergeants Benevolent Association, LieuTenants Benevolent Association, Captains Endowment Association, Detectives' Endowment Association, Plaintiffs-Appellants, v. Bill DE BLASIO, in his official capacity as Mayor of the City of New York, City of New York, New York City Fire Department, Daniel A. Nigro, in his official capacity as the Commissioner of the Fire Department of the City of New York, New York City Department of Corrections, Cynthia Brann, in her official capacity as the Commissioner of the New York City Department of Corrections, Dermot F. Shea, in his official capacity as the Commissioner of the New York City Police Department, New York City Police Department, Frederick Davie, in his official capacity as the Chair of the Civilian Complaint Review Board, Civilian Complaint Review Board, Defendants-Appellees, New York Civil Liberties Union, Nonparty-Appellee, The New York Times Company, Intervenor.

United States Court of Appeals, Second Circuit.

Motion Decided: August 27, 2020.


Attorney(s) appearing for the Case

Courtney G. Saleski , Philadelphia, PA ( Anthony P. Coles , New York, NY), DLA Piper LLP, for Plaintiffs-Appellants Uniformed Fire Officers Association, Uniformed Firefighters Association of Greater New York, Police Benevolent Association of the City of New York, Inc., Correction Officers' Benevolent Association of the City of New York, Inc., Sergeants Benevolent Association, Lieutenants Benevolent Association, Captains Endowment Association, Detectives' Endowment Association.

Molly K. Biklen , New York, NY ( Christopher Dunn , Jordan Laris Cohen , New York, NY), New York Civil Liberties Union Foundation, for Nonparty-Appellee New York Civil Liberties Union.

Elina Druker , Asst. Corp. Counsel, New York, NY ( James E. Johnson , Corp. Counsel of the City of New York, Richard Dearing , Scott Shorr , Assts. Corp. Counsel, New York, NY), for Defendants-Appellees Bill de Blasio, City of New York, New York City Fire Department, Daniel A. Nigro, New York City Department of Corrections, Cynthia Brann, Dermot F. Shea, New York City Police Department, Frederick Davie, and Civilian Complaint Review Board.

Alexandra Perloff-Giles , New York, NY ( David E. McCraw , Al-Amyn Sumar , New York, NY), The New York Times Company, for Intervenor The New York Times Company.

( Corey Stoughton , The Legal Aid Society, New York, NY, Roger A. Cooper , Joseph M. Kay , Ye Eun Charlotte Chun , Cleary Gottlieb Steen & Hamilton LLP, New York, NY, for amicus curiae The Legal Aid Society, in support of Nonparty-Appellee New York Civil Liberties Union.)

( Katie Townsend , Bruce D. Brown , The Reporters Committee for Freedom of the Press, Washington, DC, for amici curiae The Reporters Committee for Freedom of the Press and 32 News Media Organizations, in support of Defendants-Appellees and Nonparty-Appellee New York Civil Liberties Union.)

Before: NEWMAN, POOLER, HALL, Circuit Judges.


This opinion concerns a motion to stay, pending appeal, the July 29, 2020, order of the District Court for the Southern District of New York (Katherine Polk Failla, District Judge), exempting the New York Civil Liberties Union ("NYCLU") from the District Court's July 22, 2020, order prohibiting the Defendants-Appellees...

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