NYCLU Files Appeal To Get Nassau Police Misconduct Records

NASSAU COUNTY, NY — The New York Civil Liberties Union filed an appeal on Nov. 22 in a case to get access to misconduct records from the Nassau County Police Department.

In a decision in May, a court allowed the Nassau County Police Department to withhold misconduct complaints dated prior to June 12, 2020 — the day state legislators repealed Section 50-a.

Section 50-a of the state's civil rights code had previously disallowed the disclosure of police misconduct allegations. But in the wake of the murder of George Floyd, there were increased calls for police accountability around the country. The New York Legislature repealed 50-a, making police accountability records public.

In September 2020, the NYCLU filed a Freedom of Information Law (FOIL) request with the NCPD for its disciplinary records. The NCPD rejected all requests for records from before 50-a was repealed, and the NYCLU sued for the records. The court, however, sided with the police department.

“The lower court’s ruling improperly resurrected 50-a to continue blocking access to decades of police misconduct records. For too long, Nassau County residents have remained in the dark about officers accused of misconduct, the outcomes of investigations, and what discipline officers faced, if any. With the repeal of Section 50-a, the state legislature meant for these documents to become public,” said Bobby Hodgson, supervising attorney at the NYCLU. “Weeks ago, the Appellate Division ordered Rochester and Syracuse to turn over the exact same category of records at issue in Nassau. It’s long past time for the people of Nassau County to see what the NCPD’s version of accountability looks like.”

According to the NYCLU, courts have rejected police attempts to shield records following the repeal of 50-a. In two cases, arising from the NYCLU’s lawsuits against the Syracuse and Rochester police departments, the Appellate Division ruled that police departments must disclose open and unsubstantiated disciplinary records, as well as records predating the 2020 repeal of Section 50-a, to the public.

The NYCLU has also filed lawsuits against the NYPD and the Suffolk County Police Department for withholding records.

Patch has reached out to the NCPD for comment.