NY’s Highest Court Issues Landmark Ruling Requiring Full Disclosure of Police Misconduct Records to NYCLU

ROCHESTER – Following a lawsuit from the New York Civil Liberties Union (NYCLU) with pro bono counsel A&O Shearman, the New York Court of Appeals ruled today that the Rochester Police Department must publicly disclose all records related to police discipline and misconduct allegations, regardless of whether the RPD “substantiated” the complaint or imposed discipline, following the 2020 repeal of 50-a.   

Statement attributable to NYCLU Assistant Legal Director Bobby Hodgson: 

“This landmark decision from New York’s highest court is a huge win for transparency. It puts all police departments across our state on notice that they cannot ignore or rewrite the law—which is crystal clear in requiring them to show the public their misconduct records. Rochester argued the police must be trusted to police themselves in secrecy, but that’s not how accountability works, and this decision confirms that it’s not how the law works either. 

“In 2020, the legislature responded to overwhelming public calls to remove the shroud of secrecy that kept police disciplinary records secret, and it repealed 50-a. Since then, many police departments across New York have effectively ignored the new law and argued they don’t have to follow it. And we’ve been fighting them every step of the way, filing dozens of lawsuits to vindicate the public’s right to know what happens—or doesn’t happen—when police departments investigate a complaint of misconduct.  

“With our pro bono partners, we will continue to fight for people’s right to know what accountability looks like in their community and to identify how and where misconduct is happening. With these records in hand, we will be able to have informed public conversations about police accountability and identify the reforms that are needed when it’s failing.” 

Statement attributable to A&O Shearman Partner Joshua Ebersole: 

“We are very proud to have partnered with the NYCLU on this incredibly significant matter. This landmark decision will ensure that all New Yorkers have access to important information regarding how police departments investigate complaints of misconduct. Our hope is that this decision will result in enhanced accountability and trust between the public and law enforcement departments across New York state.”  

Today’s ruling affirmed the 2022 Fourth Department decision in the NYCLU’s case against the Rochester Police Department. In a companion decision, the Court also ruled that records predating the repeal of 50-a must be turned over. The NYCLU won victories on that issue from the Fourth Department in its 2022 Rochester decision and from the Second Department 2024 decision involving the Nassau County Police Department. 

You can find case materials here: https://www.nyclu.org/court-cases/nyclu-v-city-rochester-police-department  

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