On August 4, 2008 the plaintiff, the New York Civil Liberties Union (NYCLU), filed a lawsuit in the New York Supreme Court of the County of New York under Article 78 of the New York Civil Practice Law and Rules against the New York Police Department (NYPD). The NYCLU asked the court for a judgment ordering the NYPD to disclose documents identifying the race of all persons shot by police since January 1, 1997 and up until December 31, 2006, 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. After the complaint was filed, the NYPD agreed to release data as to the race of persons shot and struck by NYPD officers between 1997 and 2006. However, the parties could not reach agreement on whether the NYPD would release data on the race of persons shot at, but not struck by NYPD officers between 1997 and 2006.

On December 15, 2009 Judge Joan Madden entered ordering the NYPD to disclose data on the race of persons shot at, but not struck by NYPD officers between 1997 and 2006. The NYPD appealed the verdict.

On June 22, 2010, the Supreme Court of New York, Appellate Division, First Department unanimously affirmed the lower court's ruling.

Nick Kabat - 04/07/2014


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