Judge Protects Public Right to NYPD Misconduct Records

New Yorkers got a big win this week when Judge Katherine Polk Failla issued a decision to allow NYPD disciplinary records to be available to the public. Police unions had argued that releasing these records would put undue risk on police officers’ lives and that of their families.

Judge Failla pointed out that because the information was already released to the public, there was no way to take it away again. But, more importantly, her judgement expanded the release of information. It also allowed for a broader range of disclosures going back as far as 35 years. This includes Internal Affairs misconduct records, the database of complaints from New York’s Civilian Complaint Review Board, and those of firefighters and correctional officer. As we know from Kalief Browder’s story, correctional officer unions were a big reason specific misconduct shielded the guards at Rikers.

Police misconduct is nothing new. In New York, we’re fortunate to have the Civilian Complaint Review Board (CCRB) that independently reviews claims of misconduct including allegations of excessive force, abuse of authority, discourtesy, and offensive language. This includes hate speech and racial slurs.

Transparency and independent oversight are two of the biggest things that prevent abuses of power. That’s not to say that all police officers are bad, but injustices happen when there’s no way to review actions and then change course.

A powerful tool in police accountability is ProPublica’s recently released database. You can search by officer or badge number or review records by precinct. According to that website, there are 7,636 allegations of force used by an officer and 20,292 allegations of abuse of authority.

I talked a little bit about knowing your rights when you’re arrested, but how do you know if there’s been an abuse of authority or unreasonable amount of force applied by a police officer?

Common types of police misconduct are:

• Bribing or lobbying legislators to pass or maintain laws that give police excessive power or status.
• Selective enforcement of laws.
• Sexual misconduct.
• Off-duty misconduct, such as illegal drug use, domestic abuse, or racist or sexist remarks.
• Using a badge to get special treatment.
• Killing dogs or other companion animals.
• Use of drugs or alcohol when on duty.
• Violation of police procedures.

The good news is that it’s easy to file complaint with the CCRB. You can file a claim online at any time, go in person to a participating council member’s district office or the CCRB’s office, or call 1-800-341-2272 Monday – Friday between 8 am and 5 pm.

Keep in mind that the CCRB can tell you if an abuse occurred, but the Police Commissioner has final authority in maters of police discipline.

At Getz & Braverman we realize reports aren’t always enough. That’s why we’re committed to helping you get justice when law enforcement isn’t getting the job done. We’re here 24/7 if you need us. I’ll come meet you or just talk on the phone anytime day or night and we can work together to determine how to get you justice.