Filed Date: Nov. 13, 2007
Closed Date: 2008
Clearinghouse coding complete
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)
Diamond, Marilyn G (New York)
Angelos, Claudia (New York)
Dunn, Christopher (New York)
Barbur, Peter T. (New York)
Celli, Andrew G. Jr. (New York)
Last updated Aug. 30, 2023, 2:51 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: New York
Case Type(s):
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):
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):
Case Details
Causes of Action:
Available Documents:
Outcome
Prevailing Party: Plaintiff
Source of Relief:
Issues
General/Misc.: