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State prisons department sued for not releasing officer misconduct records

The New York Civil Liberties Union is suing the state Department of Corrections and Community Supervision for not releasing officer disciplinary records after the repeal of a state law that prevented the disclosure of those records.

According to the lawsuit, NYCLU filed a Freedom of Information Law request on Oct. 16, 2020, for corrections officer disciplinary records. The records, the group argues, should have been disclosed after the repeal of section 50-a of the state Civil Rights Law. That section prohibited the release of law enforcement disciplinary records.

Following the initial request, NYCLU says DOCCS provided 26 partial responses, with the department informing the group that it was “continuing to search for and review additional records potentially responsive to the request and would produce documents on a ‘rolling basis.'”

NYCLU says in its lawsuit that there were attempts to meet with DOCCS to answer questions and address any objections, but the department declined the offers.

DOCCS sent its final response to NYCLU’s FOIL request on Aug. 1, 2022. Through the FOIL appeal process, NYCLU filed an administrative appeal regarding records that were not released by DOCCS. The department’s acting FOIL appeals officer denied the appeal.

NYCLU responded to the denial with judicial opinions that were included in letters to DOCCS on Jan. 9 and Jan. 23, but the department did not respond to the letters or phone calls last week. NYCLU opted to file a lawsuit that, if successful, would require the department to release the requested records with redactions allowable under the state’s Freedom of Information Law.

The group is also seeking “reasonable attorneys’ fees and costs stemming from DOCCS’ unjustified failure to adhere to FOIL’s statutory requirements,” according to the lawsuit.

“(DOCCS) cannot withhold disciplinary records to which the public is legally entitled after the repeal of 50-a,” said Bobby Hodgson, NYCLU’s supervising attorney.” Transparency is essential to law enforcement accountability, and New Yorkers have a right to complete information about officer misconduct that takes place in state prisons. We will continue to fight for a more complete production from DOCCS that would allow the public to evaluate the agency’s investigation and discipline systems.”

A DOCCS spokesperson said the department does not comment on pending litigation.

NYCLU has been successful in other efforts to require the disclosure of police disciplinary records. The group filed FOIL requests with 12 police departments and DOCCS. In its pursuit of the information, it filed lawsuits against several agencies, including New York State Police and police departments in Buffalo, Rochester and Syracuse, for withholding the disciplinary records.

A state appellate court ruled in November that police departments must release the records, including records detailing disciplinary actions taken before section 50-a was repealed in 2020.

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