Case: New York Civil Liberties Union v. New York City Police Dept.

07-115154 | New York state trial court

Filed Date: Nov. 13, 2007

Closed Date: 2008

Clearinghouse coding complete

Case Summary

On November 13, 2007, the plaintiff filed a lawsuit in the Supreme Court of the State of New York, New York County, under Article 78 of the New York Civil Practice Laws and Rules. The New York Civil Liberties Union (NYCLU), as the plaintiff, represented itself and asked the court to compel the New York City Police Department (NYPD) to comply with New York State Freedom of Information Law and turn over its stop-and-frisk database. In July 2007, the NYCLU filed a Freedom of Information Law (FOI…

On November 13, 2007, the plaintiff filed a lawsuit in the Supreme Court of the State of New York, New York County, under Article 78 of the New York Civil Practice Laws and Rules. The New York Civil Liberties Union (NYCLU), as the plaintiff, represented itself and asked the court to compel the New York City Police Department (NYPD) to comply with New York State Freedom of Information Law and turn over its stop-and-frisk database.

In July 2007, the NYCLU filed a Freedom of Information Law (FOIL) request, asking the NYPD for records on the department's stop-and-frisk activities. NYPD officers who forcibly stop and/or search civilians are required to document information about the encounter, such as race, gender and reason for the stop, among other relevant details. At the time this case was filed, the NYPD maintained electronic files on nearly 850,000 police stops in a centralized database. The NYCLU requested an electronic copy of that database in order to conduct an independent analysis of the NYPD's stop-question-and frisk activities.

On May 29, 2008, Judge Marilyn G. Diamond ordered the NYPD to comply with the NYCLU's FOIL request. Government records are presumed open to the public under New York state law, and agencies must give a particularized and specific explanation in order to be exempt from this general rule of disclosure. Here, the judge held that the NYPD failed to present any reason why the NYCLU should be denied access to its stop-and-frisk database, especially when the NYPD had already shared these records with other organizations. Accordingly, Judge Diamond ordered the NYPD to give the NYCLU an electronic copy of its stop-and-frisk database, but with the names and addresses of police officers and civilians involved in the stops redacted.

Summary Authors

Kayla Arslanian (3/17/2014)

People


Judge(s)

Diamond, Marilyn G (New York)

Attorneys(s) for Plaintiff

Angelos, Claudia (New York)

Dunn, Christopher (New York)

Eisenberg, Arthur (New York)

Lieberman, Donna (New York)

Other Attorney(s)

Active

Active

Active

Active

Judge(s)

Diamond, Marilyn G (New York)

Attorneys(s) for Plaintiff

Angelos, Claudia (New York)

Dunn, Christopher (New York)

Eisenberg, Arthur (New York)

Lieberman, Donna (New York)

Other Attorney(s)

Barbur, Peter T. (New York)

Celli, Andrew G. Jr. (New York)

Loft, Duane L (New York)

McCraw, David E (New York)

Documents in the Clearinghouse

Document

07-115154

Docket [Westlaw]

New York state supreme court

March 14, 2012

March 14, 2012

Docket

07-115154

Verified Petition

New York Civil Liberties Union v. York York City Police Dept.

New York state supreme court

Nov. 9, 2007

Nov. 9, 2007

Complaint

Press Release -- Bar Association, Prestigious Academics & NY Times Join NYCLU Lawsuit Against NYPD

New York Civil Liberties Union v. York York City Police Dept.

No Court

Jan. 10, 2008

Jan. 10, 2008

Press Release

07-115154

Order

New York Civil Liberties Union v. New York City Police Department

New York state supreme court

866 N.Y.S.2d 93

May 29, 2008

May 29, 2008

Order/Opinion

Resources

Docket

Last updated July 28, 2022, 3:01 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: New York

Case Type(s):

Policing

Key Dates

Filing Date: Nov. 13, 2007

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The New York Civil Liberties Union

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

New York City Police Department (New York, New York), City

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

State law

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Source of Relief:

Litigation

Issues

General:

Records Disclosure