NYCLU v. New York State Police

On September 15, 2020, the NYCLU submitted a FOIL request, requesting the New York State Police (NYSP) to disclose police disciplinary records specifically authorized to be disclosed under state Freedom of Information Law (FOIL) after the repeal of 50-a. The State Police disclosed some records responsive to the initial request, including a redacted spreadsheet related to “unsubstantiated” complaints against officers.

On July 5, 2022, the NYCLU, with pro bono counsel from Latham & Watkins LLP, filed an article 78 lawsuit seeking an order compelling disclosure of certain records sought in the initial request, including the unredacted spreadsheet. On April 14, 2023, the Albany County Supreme Court granted portions of the NYCLU’s petition but denied the portion seeking an order compelling disclosure of the unredacted spreadsheet.

On April 20, 2023, following the court decision, the NYCLU submitted a new FOIL request, requesting the NYSP to produce an unredacted version of its officer misconduct spreadsheet that includes officer names. On October 5, 2023, following the NYSP’s denial of the request, the NYCLU and pro bono counsel Latham & Watkins filed an article 78 lawsuit against the NYSP, seeking production of the unredacted copy of the spreadsheet.