US Judge Refuses to Block Publication of Police Discipline Database
While U.S. District Judge Katherine Polk Failla noted that the NYCLU's prior-restraint arguments were "strong," her ruling Tuesday centered on the fact that the rights organization was not a "party" to the litigation, and thus outside the reach of her powers.
July 28, 2020 at 06:01 PM
3 minute read
A Manhattan federal judge ruled Tuesday that the New York Civil Liberties Union can publish a database of police disciplinary records it obtained through a freedom-of-information request, after ProPublica made a trove of previously unreleased files public over the weekend.
U.S. District Judge Katherine Polk Failla of the Southern District of New York modified a temporary restraining order that barred the NYCLU from further disclosing any documents it received through a FOIL request to New York City.
The order, entered July 22, had found the NYCLU to be "acting in concert" with the city in its alleged efforts to release unsubstantiated disciplinary records of New York City police officers.
A lawyer for a union that represents city police, firefighters and corrections officers remarked that the city's response to the NYCLU's FOIL request "set land-speed records," and accused the city of trying to rush the documents out in anticipation of a court order preventing their release.
The NYCLU, however, claimed that it never had not received any records since the lawsuit was filed. In a letter to the court, its attorney, Christopher Dunn, said that the information was already in the public domain, after ProPublica made a detailed database available online Sunday.
Dunn wrote that the order, if allowed to remain in place, raised prior-restraint concerns under the First Amendment, regardless of the speed with which the city responded to its request.
While Failla noted that the NYCLU's prior-restraint arguments were "strong," her ruling Tuesday centered on the fact that the rights organization was not a "party" to the litigation, and thus outside the reach of her powers. Dunn and the ACLU, she said, were not acting in defiance of any existing court order when they obtained the records, and could not have anticipated an injunction.
"I don't have the ability to look back in time," Failla said.
"My power is limited, and I don't have the ability to stop him when the deeds were already done," she said.
Failla's ruling gave the union 24 hours to decide whether to appeal to the U.S. Court of Appeals for the Second Circuit before the restraining order was lifted.
Law enforcement unions have sued to stop the release of disciplinary records in the wake of New York's repeal earlier this year of a civil rights law known as 50-a, which shielded officers' history of misconduct from public disclosure. The suit claims that mass release of the records would include unsubstantiated and false accusations that would "absolutely destroy the reputation and privacy" of current and former officers.
READ MORE:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllRetired Judge Susan Cacace Elected Westchester DA in Win for Democrats
In Eric Adams Case and Other Corruption Matters, Prosecutors Seem Bent on Pushing Boundaries of Their Already Awesome Power
5 minute readEric Adams Trial Set for April as Defense Urges Dismissal of Bribery Count
Major Drug Companies Agree to Pay $49.1 Million to 50 States, Territories
3 minute readTrending Stories
- 1Lawyers Among Those Convicted as Hong Kong's High Court Sentences 45 Activists to Prison
- 2'We’re Here to Empower People to Make Good Decisions': Why Compliance Chiefs Must Learn to Think Like a Businessperson
- 3People in the News—Nov. 19, 2024—Pond Lehocky, Duane Morris
- 4Court System's Franklin H. Williams Judicial Commission Presents Annual Diversity Awards
- 5Commentary: James Madison, Meet Matt Gaetz
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250