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Case Name NYCLU v. New York City Police Department PN-NY-0026
Docket / Court No. 115928-2009 ( State Court )
State/Territory New York
Case Type(s) Policing
Attorney Organization ACLU Chapters (any)
Case Summary
On November 12, 2009, the New York Civil Liberties Union (NYCLU), filed a lawsuit in the New York Supreme Court against the New York Police Department (NYPD). The NYCLU asked the court for a judgment ordering the NYPD to turn over any and all 24-hour and 90-day reports prepared following each ... read more >
On November 12, 2009, the New York Civil Liberties Union (NYCLU), filed a lawsuit in the New York Supreme Court against the New York Police Department (NYPD). The NYCLU asked the court for a judgment ordering the NYPD to turn over any and all 24-hour and 90-day reports prepared following each police shooting between 1997 and 2009, copies of any and all documents analyzing or addressing the role of race in NYPD shootings since 1990, and attorneys' fees and reasonable litigation costs, claiming that the NYPD inappropriately denied its Freedom of Information Law (FOIL) requests.

Specifically, the NYCLU claimed that NYPD officers disproportionately targeted blacks and latinos, and that the documents requested would help it substantiate a review of the history of police shootings in New York City. The NYPD turned down the FOIL request claiming that the request duplicated a request from 2007; that the documents were exempt pursuant to New York Civil Rights Law § 50-a(1) and New York Public Officers' Law § 87(2)(a), (b), (e)(i)-(iv), (f), (g), and 89(2); and that the request for documents analyzing police shootings was not specific enough to guide a search.

On February 28, 2011 Judge Emily Goodman entered a judgment in part granting the NYCLU's request for enforcement of its FOIL request, and in part denying the NYCLU's request. Judge Goodman ordered the NYPD to turn over all 24-hour and 90-day reports with identifying information and recommendations redacted. Furthermore, Judge Goodman found that the NYCLU did not request documents analyzing or addressing the role of race in NYPD shootings since 1990 with sufficient specificity and therefore denied the NYCLU's request for compelled disclosure, with leave for the NYCLU to serve a more specific request upon the NYPD. Finally, Judge Goodman severed the request for attorney's fees pending further litigation.

Nick Kabat - 03/23/2014


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Issues and Causes of Action
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Issues
Content of Injunction
Reporting
Defendant-type
Law-enforcement
General
Records Disclosure
Plaintiff Type
Private Plaintiff
Causes of Action State law
Defendant(s) City of New York
Plaintiff Description New York Civil Liberties Union
Indexed Lawyer Organizations ACLU Chapters (any)
Class action status sought No
Class action status granted No
Prevailing Party Mixed
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2011
Case Ongoing No
Case Listing PN-NY-0032 : NYCLU v. New York City Police Department (State Court)
Additional Resources
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Case Studies Federal Enforcement of Police Reform
By: Stephen Rushin (University of Illinois College of Law, University of California, Berkeley - Jurisprudence and Social Policy Program )
Citation: 82 Fordham Law Review 3189 (2014)
[ Detail ] [ External Link ]

  Panopticism for Police: Structural Reform Bargaining and Police Regulation by Data-Driven Surveillance
By: Mary D. Fan (University of Washington)
Citation: Forthcoming, 87 Washington L. Rev. __ (2012).
[ Detail ] [ External Link ]

  What Happens When Police Are Forced to Reform?
Written: Nov. 13, 2015
By: Kimbriell Kelly, Sarah Childress and Steven Rich (Frontline/Post)
Citation: Washington Post (Nov. 13, 2015)
[ Detail ] [ External Link ]

Docket(s)
115928/2009 (State Trial Court) 08/24/2011
PN-NY-0026-9000.pdf | Detail
Bloomberg Law
General Documents
Verified Petition 11/12/2009
PN-NY-0026-0001.pdf | Detail
Document Source:
For a Judgment Pursuant to Article 78 of the Civil Practice Law and Rules 02/14/2011
PN-NY-0026-0002.pdf | Detail
Document Source: State Court Website
Judges None on record
Monitors/Masters None on record
Plaintiff's Lawyers Dunn, Christopher (New York)
PN-NY-0026-0001 | PN-NY-0026-0002
Defendant's Lawyers None on record
Other Lawyers None on record

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