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Judge Denies First Amendment Protection To Cop Who Complained About Quotas
By
Ben Yakas
Published Apr 13, 2012
Modified Apr 13, 2012
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By
Ben Yakas
Published Apr 13, 2012
Modified Apr 13, 2012
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Yesterday, a federal judge dismissed a lawsuit by a Bronx police officer who had claimed that his precinct used a quotas system, and that he was punished when he complained about it. U.S. district judge Barbara S. Jones rejected officer Craig Matthews argument that his speech was protected under the First Amendment—but she didn't reject the notion that the cops use quotas. And as we know from other lawsuits, recordings of station meetings, leaked documents, cop testimony, more lawsuits, threatened boycotts, and jury rulings, they do use quotas. It just seems that cops aren't allowed to complain about it.
Matthews, a 14-year veteran from the 42nd Precinct, contended that officers were required to produce a minimum number of arrests, summonses and street stops each month—and when he complained about color-coded quotas charts, he was punished with loss of overtime and lousy assignments. Judge Jones ruled that because Matthews was a public employee—and was only complaining specifically about his duties, job performance, and his workplace—his speech was job-related and not protected by the First Amendment...even if he was criticizing the quota system and its “impact on the management of other officers, the precinct and the community,” as he argued he was.
The NYCLU, which filed the lawsuit on behalf of Matthews, said they plan to appeal: “The court’s ruling that police officers have no First Amendment protection when they disclose serious police misconduct not only betrays the Constitution, but is also disastrous for the public’s ability to learn about hidden police scandals,” said associate legal director, Christopher T. Dunn. NYPD spokesman Paul Browne claimed the color-coded charts in the precinct were an indicator of enforcement activity, not of a quota system, and said the ruling “speaks for itself.” We're just surprised he forgot to mention the NYPD's favorite buzzword, "productivity goals".
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Ben Yakas
Ben Yakas is a former Gothamist reporter.
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