STOP & FRISK

In 2009 there were approximately 575,000 “Stop & Frisk” reports filed by NYPD officers. Of these, only about 6% resulted in arrests, and another 6% resulted in a summons being issued. The position of the Police Department is that Stop & Frisks are an effective crime-fighting tool.  The Department holds onto the information it gathers in each Stop & Frisk “indefinitely,” with the intention of using that information, if necessary, in future investigations. Between 2004 and 2009 there were 2,798,461 “Stops” by the police, and 2,467,160 resulted in no action at all, yet each person stopped has a record with personal information on file with the police.

Certain members of the New York City Council have demanded that all the individuals, in instances where either no action was taken at the time of the “Stop”, or where action may have been taken but the person was later found “not guilty”, or was exonerated in some other way, be removed entirely from this database.  The majority of individuals affected are minorities (Black and Latino).

The final outcome of this tug of war between the New York City Police Department and the City Council has yet to be determined.  I will note, personally, as a former New York City council member, that it is my belief that any recalcitrance by the Police Department can be overcome by the City Council through the passage of legislation, if that is truly the Council’s desire.

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.

Official proceedings to remove Anthony Abbate from the Chicago Police Department began this week.

On Monday, Novermber 16, city attorneys aired lengthy recordings to highlight how the events unfolded at Jesse’s Short Stop Inn on the afternoon and evening of Feb. 19, 2007. During two visits to the Northwest Side bar, Abbate consumed large quantities of alcohol and continuously harassed and physically abused the bartender, Karolina Obrycka, and patrons according to the attorneys and the charges filed against him by Police Superintendent Jody Weis. Tuesdays proceedings started with the airing of a 30 minutes video showing the officer showboating and harassing patrons of a Northwest Side bar before he turns on the bartender, beating and kicking her Abbate was already convicted in criminal court for the felony aggravated battery of Obrycka and now faces dismissal from the department before the Chicago Police Board.

He continuiously invoked his Fifth Amendment right against self-incrimination at least 75 times during questioning by city attorney Anna L. D’Ascenzo,

who repeatedly asked Abbate to identify himself on the recording. Obrycka took the stand and watched the video that shows her being punched, beaten, pushed and yanked by the hair by the 13-year officer. “I heard him say, ‘Nobody will tell me what to do,’ ” Obrycka said. “I believe the only thing I said…I said, ‘Stop.’ “Michael Malatesta, Abbate’s attorney, called the hearing a formality, considering that Abbate cannot serve as a police officer with a felony conviction. “There is no getting around it,” he said.

As one of a handful of law firms in New York City representing victims of police misconduct, The Orlow Firm has extensive experience helping victims of:

* Police Brutality and Prison Guard Abuse

* False Arrest

* All other types of police misconduct.

Many complaints of police misconduct are ignored.

They are frequently brushed off as if the person must be lying or somehow deserves his or her fate by having been involved with the police in the first place. If you are a victim of police misconduct, it’s important to contact a lawyer immediately. You may only have ninety days to file an action against the police department.

Source: chicagotribune.com

As Reported by the New York Times,

“For the second time in five weeks, a New York City police officer has been arrested on charges of killing a pedestrian while driving drunk, this time in the Bronx, officials said on Friday.

Drana Nikac, 67, was killed.

The scene, Kingsbridge Avenue at West 232nd Street in the Bronx. It was the second recent fatality with a police officer at the wheel.

About 6:30 a.m., the police said, Detective Kevin C. Spellman, 42, a 22-year veteran of the Police Department, was driving south on Kingsbridge Avenue in his government sedan when he struck the woman, identified by relatives as Drana Nikac, 67, as she crossed the avenue near West 232nd Street in Kingsbridge.

Drunk Driving Accidents in New York should not be tolerated, especially by those that are commissioned with the protection of the citizens of New York. This is not only just an incident of Police Misconduct in NYC, this is seemd to be a further sign of a culture that seems accepting of shirking the responsibility to its citizens.  If you have been a victim of police misconduct or a drunk driving accident in New York, make sure to stand up for your rights and make your voice heard.  As citizens we have the responsibility to keep our protectors in check.

It is truly unfortunate whenever those sworn to uphold the laws upon which our society is based proceed to violate those very same laws. It was our founding father, John Adams, who first stated the now often heard truism that the United States is “a nation of laws, not of men”. That regardless of a person’s station in life, the laws apply to each and every individual.
As Mayor Bloomberg says in the accompanying video on a recent post about the NYPD officer who killed the minister’s Daughter crossing the street, it is precisely because of the trust and responsibility we assign to police officers in our society, that they are to be held to an even higher standard than others. To be so very irresponsible as to become intoxicated, and then get behind the wheel of a car, flies directly in the face of the standards we must set for someone who walks among us with a badge and a loaded weapon !

NYPD Subject Record Number of People to  “STOP  &  FRISK” in 2008

In 2008 over half a million people in New York City were subjected to “STOP &  FRISK” by  New York City Police Department officers – that is over 500,000 individuals !  It is an all time record.   There are not many cities in the United States whose entire population reaches that number.

Similarly, the number of complaints the CCRB (Civil Complaint Review Board) expects to receive in 2009 is over 8,200.  This, too, is a record, and matches the increasing number of “STOP & FRISKS” that are taking place.

The job of the CCRB is to investigate complaints that usually deal with everything from Police Officers using obscenity to their use of excessive force and false arrests.  If charges are substantiated by the CCRB, then the matter is referred to the Police Department for further possible disciplinary action against the offending police officer.

Stop and Frisks on the Rise along with Complaints but NYPD disciplinary action Declining

Now here is the strange fact: While the number of “STOP & FRISKS” and complaints to the CCRB have been rising dramatically, the number of cases that the Police Department has decided to prosecute, after receiving them from the CCRB, have been drastically reduced !   In 2005 the NYPD refused to prosecute 2% of the cases forwarded by the CCRB.  By 2008 the percentage of cases the NYPD refused to prosecute rose to 33%–and for 2009 the percentage of refusals to prosecute is currently at 40% !

Keep in mind that cases referred by the CCRB to the NYPD for prosecution are only those cases where the CCRB has substantiated some or all of the charges lodged by a civilian against a police officer.   Yet the percent of police officers against whom charges have been substantiated, that end up being disciplined by the NYPD, decreases.

An attorney experienced in handling POLICE MISCONDUCT cases is NEVER influenced solely by any action of either the CCRB or the NYPD.    A knowledgeable attorney will rely on his or her own experience and investigation to determine the merit of a client’s case.  Experience will tell an attorney that inaction, or lack of substantiation, by either the CCRB or the NYPD with respect to charges brought against a police officer is certainly not the final determinant as to whether a client’s case can be successful.

This is a very interesting and sad New York Wrongful Death / Personal Injury Case.

False Arrest and Police Misconduct in New York happen way too often and are on the rise. Sometimes the incidents, even when caught on video, can leave room for doubt. However the latest Police Corruption and Misconduct case in Florida show some egregious acts.

Four Hollywood Police Officers are caught on tape framing a woman for drunk driving. After an officer failed to stop before rear ending the woman, they tried to cover it up.

As Reported by Janie Smith of NBC

Throughout the tape, the cops acknowledged what they are doing is illegal, but when you are the law, there is nothing wrong with bending it for a fellow cop, one says. “I don’t lie and make things up ever because it’s wrong, but if I need to bend it a little bit to protect a cop, I’ll do it,” Pressley tells Francisco after reassuring him no one will ever find out. “She’s freaking hammered anyway.”

Now, not only are the police under intense scrutiny, every single DUI arrest by the officers is under scrutiny.

[youtube=http://www.youtube.com/watch?v=2JXHduw6Jd4&hl=en&fs=1&]

A prominent African-American Harvard professor is arrested by a police sergeant in Massachusetts.   The President comments about the arrest, and the nation is riveted by the issue for the following several days.  Truth be told, people are arrested for “disorderly conduct” in every city in the nation , every day of the year.  The single most valuable statement made by the President with respect to this incident is that it offers all of us a “teachable moment”.
For those of us dealing with Police Misconduct on a daily basis, the circumstances of this case are exceedingly familiar.   Several valid points can be made with respect to this type of an arrest:
— Police will often take offense at conduct that they deem disrespectful toward themselves.  Cooperate fully, or suffer the consequences, is a widespread rule among police.
— Depending on the amount of emotion involved, and in the absence of any actual crime being committed, an officer may choose to “have the last laugh” and place the person annoying him under arrest, usually for Disorderly Conduct.  This, at the least, results in handcuffing and a visit to the police station.
—This happens to  whites, blacks and Latinos.  However, it is incontrovertible that vastly more minorities are both stopped and interrogated, leading to many more opportunities for “confrontations” to occur, which in turn leads to many more “Disorderly Conduct” arrests among minorities.
— The history of police-minority relations, especially between police and African Americans, cannot be erased from the collective memory of those who have suffered, and from their descendants who have heard the stories of their forebears’ experiences.   It stands to reason that such collective memory will influence the perceptions concerning police actions.