A state appeals court Thursday ruled that a rarely used judicial inquiry should go forward into city officials’ actions connected to Eric Garner’s police-chokehold death, rejecting city arguments that FOIL requests were sufficient to uncover information wanted by Garner’s mother and that a judicial inquiry would violate separation-of-powers principles.
“We find that this is the rare case in which allegations of significant violations of [city officials’] duty, coupled with a serious lack of substantial investigation and public explanation, warrant a summary [judicial] inquiry to bring transparency to a matter of profound public importance: the death of an unarmed civilian during the course of an arrest,” an Appellate Division, First Department panel ruled in a lengthy opinion signed by Justice Anil Singh.
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