NYCLU Sues Suffolk PD Over Officer Misconduct Records Request Denial

YAPHANK, NY — The New York Civil Liberties Union has sued the Suffolk County Police Department after its denial of records related to officer misconduct, which they say should be disclosed after the repeal of a law that kept disciplinary proceedings away from the public eye for decades.

The group's pro bono counsel from Kirkland & Ellis LLP filed a lawsuit against the department for what it is calling an unlawful denial of the request under Freedom of Information Law that sought public records that are "specifically authorized to be disclosed under state FOIL."

A repeal of the state's Civil Rights statute 50-a, which had been previously used to bar the disclosure of police misconduct, should now allow for the disclosure, the group stated in a news release on Tuesday.

The repeal was signed into law by then-Gov. Andrew Cuomo in 2020.

A Suffolk police department spokesperson declined to comment, citing the pending litigation.

The recent lawsuit is part of a state-wide police transparency campaign in which the group says its pro bono counsel filed state FOIL requests with 12 police departments, as well as the state's Department of Corrections and Community Supervision.

So far, the NYCLU has filed lawsuits against the State Police, as well as police departments in Rochester, Syracuse, Freeport, Troy, Buffalo, and Nassau County for withholding public records.

Courts state-wide have rejected the "vast majority of efforts to thwart accountability and disclosure following the repeal of 50-a, including in Schenectady," the group said.

The group's supervising attorney, Bobby Hodgson, said the department has withheld all documents in connection with complaints that did not result in discipline and staffers have over-redacted others, as well as denied an administrative appeal filed by the NYCLU in November 2021.

“The public has a right to complete information about the police misconduct that takes place in their communities,” Hodgson said. “The Suffolk Police Department cannot withhold disciplinary records to which the public is legally entitled after the repeal of 50-a. We should know when and why the Suffolk Police Department refused to impose discipline."

"Police transparency is now codified into law, and police departments can no longer argue that they must be trusted to police themselves, immune from public scrutiny," Hodgson added.

The NYCLU's Suffolk County Regional Director, Irma Solis, said that New York's citizens "stood up, spoke out, and demanded change."

"The Suffolk County Police Department cannot deny the fact that 50-a was repealed, and police transparency is essential to police accountability,” Solis said. “We will continue to take action to ensure 50-a is repealed not just in theory but also in practice across New York State by obtaining full documentation of misconduct long withheld from the public.”

Michelle Six, a partner at Kirkland & Ellis, said her staffers are "proud to partner with the NYCLU to ensure that our local police departments are accountable to their communities."

“New Yorkers were promised this accountability and transparency through the repeal of Section 50-a and we look forward to continuing to advocate for the public’s right to access these files," she added.

To view the NYCLU's case materials, click here.

Michael DeSantis contributed additional reporting to this story.