Continuing its partnership with The New York Civil Liberties Union (“NYCLU”), Milbank appealed a decision to the Appellate Division Second Department on November 22, 2022, aiming to require the Nassau County Police Department (“NCPD”) to fulfill police misconduct record requests filed by NYCLU. The appeal follows Appellate Division rulings in November 2022 compelling police departments in Rochester and Syracuse to comply with the same requests in light of Section 50-a’s repeal.
To aid NYCLU’s statewide efforts to increase police transparency following the repeal of Section 50-a, the statute of New York State’s civil rights code that had been historically leveraged to bar the disclosure of police misconduct, Milbank filed the original complaint on behalf of the nonprofit against NCPD in October 2021. The suit alleged that the Department was illegally withholding public records relating to police misconduct after NCPD denied NYCLU’s Freedom of Information Law (“FOIL”) request for police misconduct complaints made before 50-a’s repeal on June 12, 2020.
In May 2022, the New York Supreme Court ruled that NCPD maintains the right to shield police misconduct records created before the repeal of Section 50-a because the legislation did not state that the repeal was to be given retroactive effect prior to its enactment. Milbank is seeking a reversal and contends in its appeal, among other things, that it is not seeking retroactive application of any law; rather, it is seeking records that are not subject to any existing FOIL exemption, as Section 50-a no longer exists.
“The repeal of Section 50-a by the New York State Legislature signaled a clear intention to promote transparency of police misconduct through public access to police disciplinary records,” said Litigation partner Atara Miller, who co-led the Milbank team. “The lower court’s ruling undermines this goal and opposes other decisions across the state that have supported police accountability. We call upon the Appellate Division Second Department to reverse this improper decision and uphold the rights of Nassau County residents.”
In addition to Ms. Miller, Milbank Litigation & Arbitration partner Errol Taylor also led the Milbank pro bono team, alongside special counsel Andrew Wellin, and associates Samantha Lovin, Gio Crivello, Monica Grover and Lyndsey Pere.
This appeal marks the latest Milbank pro bono work to further police transparency and accountability. In addition to FOIL requests and related legal actions in conjunction with NYCLU relating to 50-a, a Milbank team also secured a victory in the New York Supreme Court in November 2021 after the Court found that the New York Police Department illegally withheld bodycam footage of police shootings of people experiencing mental health crises.
