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N.Y. Lawyers for the Public Interest v. N.Y.C. Police Dep't

NYPD Direcrted to Provide Unredacted Officers' Body-Worn Camera Footage of Shooting

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The following papers, numbered _ to _ were read on this motion to/for__. PAPERS NUMBERED Notice of Motion/Order to Show Cause — Affidavits — Exhibits __ Answering Affidavits — Exhibits __ Replying Affidavits Upon the foregoing papers, it is ordered that this motion is The motion is decided in accordance with the accompanying decision and order. In this Article 78 proceeding, petitioner, New York Lawyers For the Public Interest (“NYLPI”) seeks unredacted copies of body-worn camera footage that police officers recorded during the fatal shooting of Susan Muller on September 17, 2018, in addition to the 911 calls, pursuant to the New York Freedom of Information Law (“FOIL”) §84. Respondents oppose the petition and claim an exemption under Public Officers Law “POL” §87(2)(e)(i), that disclosure would interfere with the ongoing Departmental investigation into the shooting. Respondents also argue for redactions to the footage to protect decedent’s privacy. Facts NYLPI is a nonprofit civil rights law firm that works to advance equality and civil rights through community lawyering. NYLPI’s Disability Justice Program seeks to improve New York City’s response to individuals who experience mental health crises. Petitioner makes a FOIL request for body-worn camera footage of Susan Muller’s fatal shooting to inform the public as to how the NYPD interacts with emotionally disturbed individuals. On September 17, 2018, NYPD officers shot and killed Susan Muller after arriving at her Queens home in response to her 911 call to report a burglary (Pet

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