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NYCLU Challenges Judge's Order Blocking Them From Releasing Database Of NYPD Disciplinary Records
By
David Cruz
Published Jul 24, 2020
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By
David Cruz
Published Jul 24, 2020
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The New York Civil Liberties Union has challenged a federal judge's gag order that is currently preventing them from publishing a vast database containing police disciplinary records.
The searchable database—that contains data provided by the Civilian Complaint Review Board through a Freedom of Information request—was expected to be unveiled yesterday, according to court filings from the NYCLU. The rollout was made possible after state lawmakers repealed the 50-A provision that for decades has kept police disciplinary records secret.
But on Wednesday night, federal judge Katherine Polk Failla temporarily blocked its release, siding with a group of police unions who have sued the City, arguing that public disclosure of "unsubstantiated" complaints would irrevocably damage the reputations of officers.
The NYCLU is not named in the unions’ suit and obtained the records on its own, and argued that the court had no ability to prevent it from publishing the materials. But Judge Failla claimed that the non-profit had somehow colluded with the CCRB and the City, and blocked the NYCLU from releasing them.
In their filings, the NYCLU says the gag order violates its First Amendment, citing the Pentagon Papers case where the U.S. Supreme Court ruled that institutions can release sensitive government documents without being censored.
"The obvious and central point that we are making is that order is unconstitutional. It's a prior restraint on our right to publish information we lawfully have and we certainly hope and expect it will be lifted quickly,” said Christopher Dunn, legal director for the NYCLU, which filed the court papers late Thursday night.
“The NYCLU obtained police misconduct data lawfully, and we vehemently disagree with the court’s unprecedented order to bar the publishing of these records,” said NYCLU executive director, Donna Lieberman. “For years, the NYPD invoked 50-a to hide disciplinary records and sidestep meaningful accountability. Now that 50-a has been repealed, the police unions are attempting to continue their campaign to keep police misconduct hidden. We’ll keep fighting to bring police misconduct into the light of day and make sure police are held accountable.”
Given case law that would side with the NYCLU, Dunn expects the order to be lifted quickly. The unions must file their response by Friday, then Judge Failla will make a decision.
“Every day that this is delayed, is a day that they feel is a better day. But you can rest assured that we and our allies are going to be working very hard to get this information out,” said Dunn.
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David Cruz
David is a former WNYC and Gothamist editor.
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Gothamist is funded by sponsors and member donations
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