NYCLU v. Freeport Police Department

The New York Civil Liberties Union, with pro bono counsel from Milbank LLP, filed a lawsuit against the Freeport Police Department for unlawfully denying the NYCLU’s requests for the full slate of records related to police misconduct authorized to be disclosed following the repeal of 50-a.

The NYCLU submitted a FOIL request seeking public records specifically authorized to be disclosed under state FOIL after the repeal of 50-a, a statute of the state civil rights code that had been used for years to bar the disclosure of police misconduct. Specifically, that request sought records of both police misconduct complaints that did result in officer discipline and complaints that did not. The Freeport Police Department has denied requests for all records of police misconduct complaints that did not ultimately result in discipline—likely the vast majority of such records—and it denied the NYCLU’s administrative appeal filed in December 2020.