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

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.