POLICE MISCONDUCT | SCHOOL SAFETY OFFICERS

In 1998 the New York City Police Department assumed direct responsibility for safety in the New York City public school system. While there are some police officers assigned to schools, the overwhelming number of Police Department personnel assigned to the public schools, for the purpose of maintaining a safe environment, are civilian employees of the Police Department known as “School Safety Officers.” School safety officers have the authority to stop and frisk students as well as question, search and even arrest students. Of singular note is that school administrators have no authority at all over the school safety officers in their school !

School safety officers receive 14 weeks of training before they are sent to their school assignment. A NYC police officer goes through a six month training course. Is it any wonder that the actions of many school safety officers often defy reason. It was the persistent and blatant disregard for the appropriate guidelines, leading to unlawful arrests and other abusive activity, that prompted the American Civil Liberties Union, together with the NY Civil Liberties Union, to bring a federal civil action calling for a drastic change in procedures. The ACLU stated that “Despite mounting evidence of systemic misconduct by police personnel in the schools, the NYPD refuses to even acknowledge any problems with its school policing practices.”

School Safety Officers have routinely broken school policing rules, used unwarranted excessive force, and have violated other school safety regulations and procedures.

According to the New York Daily News (January 21, 2010, page 26) the City of New York averaged 500 complaints against school safety personnel between the years 2002 to 2007. In 2008 that number jumped, according to the News, to 1159.School based personnel are subject to virtually the same rules, regulations and laws as would any other police personnel on the street, in dealing with the public. In fact, the population with which school safety personnel are dealing is entitled to extra consideration, not less, because they are, invariably, minors. Any act or behavior on the part of school safety personnel that deviates from acceptable norms and standards is, and should be, the subject not only of disciplinary action within the police department, but the party harmed should seriously consider a civil lawsuit for actions that are truly outrageous and unacceptable.

If contemplating a lawsuit, the injured party should not only seek a competent Personal Injury Attorney, but look specifically for one well versed in the area of police misconduct and abuse, including cases involving excessive force and false arrest.

Federal class-action lawsuit charges school safety officers subjected kids to ‘excessive force’

Read an article from the New York Daily News titled ” Federal class-action lawsuit charges school safety officers subjected kids to ‘excessive force”‘ by CLICKING HERE

FALSE ARREST | STUNNING CONCLUSION BY A UNITED STATES FEDERAL DISTRICT COURT JUDGE

One of the most erudite, intellectually gifted and respected judges on the federal bench, long time Eastern District Court Judge Jack Weinstein, stunningly admonished the New York City Police Department for “widespread falsification by arresting officers.”

What was particularly astonishing is that, in deciding against a motion by the New York City attorneys to have a federal case thrown out, on the basis that no evidence was presented to the court that police lying is tolerated by the NYPD, the judge relied not on evidence in the case before him. Rather, the judge stated that his decision that police lying may well be construed as an official policy of the NYPD, rests on “Informal inquiry…” among the judges of the Eastern District and other “…anecdotal evidence of repeated, widespread falsification by arresting officers…” of the NYPD.

The judge noted that while the vast majority of police officers are honest,

and in spite of the fact that training for recruits has improved and disciplinary action, when taken, is tough, there is evidence that an attitude, which condones lying among police officers, is sufficiently widespread to suggest that it amounts to a “custom or policy” by the City of New York. This, in turn, amounts to approval of illegal conduct by the City and the Police Department.

In practical terms, this decision certainly boosts the position of parties in their attempts to substantiate the grounds that must be demonstrated to succeed in Federal Courts, in cases based on violation of the Federal Civil Rights statute, usually relied upon in false arrest cases. For the lawyers representing clients falsely arrested, this decision will reverberate in a manner that should bring greater relief to those unjustly charged. If you have ever been unjustly charged of a crime you should call one of our NYC Personal Injury Attorneys at The Orlow Firm.