Judge Orders Release of Misconduct Findings Against Officer in Eric Garner Case
A state court judge in Manhattan has ruled that basic findings of misconduct against the New York City police officer who held Eric Garner in a chokehold cannot be kept from public disclosure, a significant defeat for city lawyers who have long argued that such records were protected under a provision of state law.
In the decision, which was filed Wednesday, the State Supreme Court judge, Justice Alice Schlesinger, ordered the release of a summary of misconduct findings against the officer, Daniel Pantaleo, which had been sought by the Legal Aid Society under the Freedom of Information Law
The court ruled that the information requested — the number of complaints against Officer Pantaleo, before Mr. Garner’s death, that were substantiated by the Civilian Complaint Review Board, an independent oversight agency for the police, and the agency’s recommendations for discipline — was not exempt from disclosure under a provision of the state’s civil rights law, Section 50-a, that has shielded a wide range of official information.
The decision opens up the possibility that such information, if narrowly tailored, could be made available regarding other officers in the New York Police Department and other law enforcement agencies in the state.
http://www.nytimes.com/2015/07/24/nyregion/judge-orders-release-of-misconduct-findings-against-officer-in-eric-garner-case.html?smid=tw-nytmetro
= new reply since forum marked as read
