City Wins Two Cases To Keep Police Discipline Records Secret

The Appellate Division in Manhattan backed the de Blasio administration's strict interpretation of a state secrecy law, overturning two lower court decisions that had ordered the city to turn over some NYPD disciplinary records.

In one case, the Legal Aid Society had sued for information on civilian complaints against the cop who killed Eric Garner.

The court ruled such information is a personnel record protected from disclosure by section 50a of the state civil rights law.

In the second case, the New York Civil Liberties Union sought redacted disciplinary decisions. Again, the appellate division sided with the city.

The Patrolmen's Benevolent Association cheered the ruling in a statement posted on its website.

“We commend the Appellate Division for this decision. This ruling is the correct one, because it cuts right to the heart of the issue. The release of police officers' personnel files poses a grave safety risk for police officers and their families. Now that these important protections have been reaffirmed, they need to be vigorously enforced. Those who leak police officers' records in defiance of the law and this ruling must be prosecuted.”

A spokesman for Legal Aid said the organization is reviewing its options and provided a prepared statement.

“Even though these records were leaked last week, we are disappointed with the court’s view that Mr. Pantaleo’s CCRB disciplinary summary falls under 50a and therefore should be protected. However, we are confident that our larger lawsuit just argued last week seeking the disclosure of all NYPD disciplinary summaries from the past five years will prevail in court.”

The NYCLU plans to appeal.