Case: NYCLU v. New York City Police Department

09-115928 | New York state trial court

Filed Date: Nov. 12, 2009

Closed Date: 2011

Clearinghouse coding complete

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 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 t…

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.

Summary Authors

Nick Kabat (3/23/2014)

Related Cases

NYCLU v. New York City Police Department, New York state trial court (2008)

People


Attorneys(s) for Plaintiff

Dunn, Christopher (New York)

Friedman, Mindy (New York)

Attorneys(s) for Plaintiff

Dunn, Christopher (New York)

Friedman, Mindy (New York)

Documents in the Clearinghouse

Document

09-115928

Docket

NYCLU v. City of New York Police Department

Aug. 24, 2011

Aug. 24, 2011

Docket

09-115928

Verified Petition

New York state supreme court

Nov. 12, 2009

Nov. 12, 2009

Complaint

09-115928

For a Judgment Pursuant to Article 78 of the Civil Practice Law and Rules

NYCLU v. City of New York Police Department

New York state supreme court

Feb. 14, 2011

Feb. 14, 2011

Order/Opinion

Docket

Last updated Aug. 24, 2022, 3:02 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: New York

Case Type(s):

Policing

Key Dates

Filing Date: Nov. 12, 2009

Closing Date: 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

New York Civil Liberties Union

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of New York (New York, New York), City

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

State law

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Content of Injunction:

Reporting

Issues

General:

Records Disclosure