The NYC Corporation Counsel's report on the NYPD response to the #GeorgeFloyd protests - written by the lawyers who defend the NYPD over NYPD protest policing for a living with zero input from impacted communities or the civil rights bar - is, predictably, a complete whitewash
The thread linked below around the DOI's recent #GeorgeFloyd NYPD response-related report contains links to lengthy depositions and original documents about and including the NYPD's protest policing and crowd control-related training as of 2012:
On the point below: The NYPD routinely made after-action reports around NYPD responses to events like the 2002 WEF and the 2004 RNC, then stopped doing so, or committing such frank assessments to writing, after we started getting them in civil discovery
To the extent the report discusses deficiencies in training - the NYPD, Law Department, and Department of Investigation have not been transparent about what training is in place, how truly awful it is, and how little the training has changed over the years
It would be a mistake to take these City agencies at their word for what is and is not in the training.
It speaks volumes that they think they can get away with providing their own interested summaries rather than the relevant training materials.
That's not transparency.
Those agencies do not have the same ideas about either appropriate police response to protest or related training as activists, arrestees, other impacted communities, or members of the civil rights bar do; nor are they really interested in cosmetic, let alone radical, change
Through the tweet below you can find depositions and training documents reflecting the state of the NYPD's disorder control/First Amendment policing-related training 6 months into Occupy Wall Street. Want to bet that training hasn't changed much since?
The training-related depositions and training materials linked above are all on the public record. I invite you to compare the summaries of the NYPD's current training in the Law Department's report with the contents of the prior versions of that training in the materials above
Rather than relying on what the NYPD, the Law Department, the Department of Investigation, or anyone else says about what the training is or is not, the City should make the substance of the current training public
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After an "in a nutshell" history of 50-a, the Court summarizes the "sweeping statutory reforms" that were "enacted in combination with the complete repeal of" 50-a including specifically changes to the FOIL
"...with the repeal of CRL 50-a, FOIL requests for law enforcement personnel records are now to be considered in a light that makes them available *unless* a particular record, or portion thereof, falls within a recently enacted statutory exception or a pre-existing one..."
Following are the five ways Colon v. Coughlin, 58 F3d 865, 873 (2d Cir 1995), recognized to establish the personal involvement of a supervisory defendant.
After yesterday's Tangreti opinion, only the first and arguably part of the third are still viable in the Second Circuit
Under Colon, supervisory personal involvement could be established under 42 USC 1983 if the defendant:
1) participated directly in the alleged constitutional violation;
(2) after being informed of the violation through a report or appeal, failed to remedy the wrong;
Neither the First Amendment nor the NYPD Patrol Guide make the self-serving distinction the NYPD seeks to make below between "members of the press" who are bystanders/observers without NYPD credentials and those credentialed by the NYPD.
NYPD Patrol Guide 203-29 applies to encounters w/an "Individual Observing, Photographing, or Recording Police Activity + says: “Individuals have a right to lawfully observe and/or record police activity including, but not limited to detentions, searches, arrests or uses of force"
Patrol Guide 203-29 further instructs officers that they must “NOT:
(1)Threaten, intimidate, or otherwise discourage an observer from recording the police officer’s activities; or
The NLG-NYC has confirmed: The NYPD’s Intelligence Division & the FBI are questioning people arrested at the recent New York City protests about their political beliefs and affiliations, among other things.
REMEMBER: YOU HAVE THE RIGHTS TO REMAIN SILENT AND TO TALK WITH A LAWYER
YOU HAVE NO OBLIGATION TO SUBMIT TO SUCH LAW ENFORCEMENT QUESTIONING, AND IT IS DANGEROUS TO DO SO.
To exercise your rights, SAY ONLY:
I AM GOING TO REMAIN SILENT
I WANT TO SPEAK TO A LAWYER
I DO NOT CONSENT TO A SEARCH
Then, remain silent, and do not answer questions.
If you are in NYC and you are questioned by the NYPD or the FBI about your politics, or know someone who was, please call the National Lawyers Guild - NYC Chapter at 212-679-6018 to speak with an attorney.
I'm seeing videos of NYPD officers taking peoples' bicycles without arresting them. They're not allowed to, but they have a history of doing that to punish protesters.
A short thread on some of that, involving one of the first cases I lawyered on: nypost.com/2004/10/21/ste…
After the 2004 RNC, around which the NYPD made over 1800 arrests, the NYPD began a years-long crackdown on Critical Mass bicycle rides in New York City. The opening salvo in that crackdown came on the September 24, 2004 Critical Mass ride, when the NYPD trapped cyclists...
...on 36th Street between 5th and 6th Aves., making several arrests at one corner of the street. Some cyclists in the middle of the block locked their bikes to street fixtures and went away. The NYPD did not like that, so they brought in chainsaws, cut the locks, and stole them.
In a colleague's case, US Dist. Judge Analisa Torres has ordered the US BOP to appear at 11AM on 2/5/19 for a PUBLIC EVIDENTIARY HEARING about the recent conditions at MDC Brooklyn, including lack of heat and electricity.