On Dec. 9, 2018, two New York City Police Department (NYPD) police officers shot and killed Dioso Faustino after forcing their way into his home. There was no warrant. Mr. Faustino had no criminal record. The NYPD told the press the shooting was justified on the basis of video footage, but withheld all of the Body-Camera (Bodycam) footage of the killing, claiming that it was exempt from disclosure under the Public Officers Law because of an ongoing “use of force investigation.”

The victim’s widow was required to file an Article 78 proceeding to compel release of the Bodycam footage. The NYPD released the Bodycam footage after suit and moved to dismiss the proceeding.