In the wake of George Floyd’s death, protests against police brutality and systemic racism finally motivated New York’s elected leaders to take action. But is it the right action, and is it enough? Here is a preliminary view from one civil rights lawyer:
Sunshine on Police Disciplinary Records
The legislature finally repealed Section 50-a of the New York Civil Rights Law. For decades, Section 50-a shielded the release of “[a]ll personnel records used to evaluate performance toward continued employment or promotion, under the control of any police agency or department of the state or any political subdivision thereof,” unless “mandated by lawful court order.” Even then, a court needed “a clear showing of facts sufficient to warrant the judge” to “request records for review,” followed by a mandatory hearing, and then the records could not be produced absent a “determination [that] the records are relevant and material in the action.”
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]