The New York Civil Liberties Union is suing the NYPD for the discharge of extra disciplinary data of officers it requested within the spring, arguing the general public database presently out there gives an incomplete look of misconduct complaints New Yorkers are entitled to see.
Of their grievance filed Thursday in State Supreme Court docket, attorneys for the NYCLU stated the NYPD had illegally denied a request for extra disciplinary data of officers the group made by the Freedom of Data Legislation (FOIL) in April. The group claimed final yr’s repeal of the state’s 50-a provision—which protected officers from having their disciplinary data made public—allowed such entry.
The repeal of 50-a led to the creation of a searchable database of NYPD disciplinary data in March 2021, following a sequence of authorized challenges by police and hearth unions. However the NYCLU stated the general public database solely lists the end result of instances that have been deemed “substantiated,” that means the officer was discovered to have dedicated an infraction, which led to a departmental trial.
Additional, the NYPD has traditionally stonewalled investigations that may substantiate instances.
READ MORE: New NYPD Database Affords “Narrow” Glimpse At Police Disciplinary Data
In its FOIL request, the NYCLU requested for the discharge of all databases no matter whether or not the grievance led to disciplinary motion or if it was even investigated. The info was to incorporate the title, rank, and precinct an officer labored at through the time the grievance was made. The info was additionally to incorporate the kind of grievance filed and the date and site the place the alleged incident occurred. However based on an exhibit filed within the swimsuit, the NYPD denied the FOIL request for being “too broad in nature.” The NYCLU was advised by the NYPD that the request was additionally “burdensome or voluminous,” based on the submitting.
READ MORE: Every part You Want To Know About The Freedom Of Data Legislation
“They’re using existing FOIL law to really try to erect barriers to this particular request,” Lupe Aguirre, workers lawyer on the NYCLU, stated in an interview Gothamist/WNYC. “They say they’re all about transparency and yet they’re unwilling to respond adequately to records requests.”
The NYPD didn’t instantly reply to a request for remark. An NYPD spokesperson advised the NY Publish that the repeal of 50-a does “not mean that the department is now compelled to publish all personnel related information, but doing so is no longer prohibited by law.”
Previous to the repeal of 50-a, the NYCLU had obtained disciplinary data from the CCRB by a FOIL request and created its personal database, containing practically 280,000 complaints of misconduct going again over 30 years. Additionally they partnering with varied legislation corporations to sue different police departments throughout the state for the discharge of extra data.
Christopher Dunn, the NYCLU’s authorized director, stated the lawsuit is one other step in making certain the “repeal of section 50-a leads to actual transparency and public access to documents about police misconduct long withheld from the public.”