Data: NYPD Still Using Chokeholds Despite Ban by Kevin Bliss by Kevin Bliss Chokeholds are considered deadly and explicitly prohibited according to the New York Police Department (“NYPD”) patrol guide. Yet in practice, low-grade punishment does little to prevent the maneuver from being used in abundance by police. ProPublica, a …
Extreme Prosecutorial Misconduct Results in Wrist Slap by Edward Lyon by Ed Lyon There is evidence of legal systems, considered primitive by some, that have required a false accuser to face the same punishment the falsely accused would have had to suffer had the false accusations resulted in a conviction. …
Lee v. City of Troy, NY, Memo in Support of Motion in Limine, Excessive Force, 2021 Case 1:19-cv-00473-DNH-DJS Document 67-5 Filed 04/30/21 Page 1 of 13 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------------------------------------X LAMONT LEE, Plaintiff, 19 Civ. 00473 (DNH/DJS) -againstTHE CITY OF TROY, PATROLMAN CHRISTOPHER PARKER, …
News in Brief by Arizona: A week after he was shot chasing a suspect, an off-duty police officer from Alberquerque, New Mexico, was arrested on February 21, 2021, for aggravated DWI. According to a report by local TV station KRQE, Officer Fouad Cherair, 29, was found by police in the …
Socially Unacceptable New York Cops by Edward Lyon by Ed Lyon Newly hired employees are told not to bring their personal problems, biases, and prejudices to work with them. This admonition is especially appropriate in police departments. Some officers bring racist or other hateful comments to social media [CLN, October …
New York Court of Appeals Rejects Federal Jurisprudence Allowing Searches of Vehicles Based on Warrants Authorizing Searches of ‘Premises’ by Douglas Ankney by Douglas Ankney The New York Court of Appeals declined the prosecution’s urging to adopt Federal jurisprudence allowing searches of vehicles based on warrants authorizing searches of premises. …
Second Circuit: Jury Instructions Regarding Defendant’s Motive to Testify Falsely Improper by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Second Circuit vacated a defendant’s conviction after the U.S. District Court for the Eastern District of New York issued jury instructions that implied the defendant had …
News in Brief by California: A federal jury awarded a man who suffered severe head and face injuries in an encounter with a San Diego detective $1.5 million in November 2020. San Diego’s City Council, meanwhile, is expected to “approve a $2.5 million settlement, the money awarded by the jury …
Policing Prostitution in New York by Jayson Hawkins by Jayson Hawkins Undercover operations to combat street prostitution are standard fare in pop-culture depictions of big-city police work, but the reality is often seedier than television dramatizations. A 2020 investigation by journalists at ProPublica, a nonprofit news organization, revealed that New …
News in Brief by California: Santa Clara County Sheriff’s Deputy Sukhdeep Gill, 27, was arrested in January 2021 for faking his own shooting and alleging he’d been a victim in a drive-by shooting while on patrol, according to thefreethoughtproject.com. He was charged with felony vandalism and falsely reporting a crime, …
Second Circuit Clarifies What Constitutes ‘Possession of a Dangerous Weapon’ and ‘Physical Restraint’ Under the Guidelines by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Second Circuit held that merely gesturing with a hand that a defendant possessed a gun during a robbery and ordering bystanders …
SCOTUS: RFRA’s ‘Appropriate Damages’ Includes Monetary Awards by Douglas Ankney by Douglas Ankney A unanimous Supreme Court of the United States (“SCOTUS”) held that the express remedies provision of the Religious Freedom Restoration Act of 1993, 42 U.S.C. 2000bb et seq. (“RFRA”), permits litigants, when appropriate, to obtain money damages …
NYPD Agrees to Alter Religious Headwear Policy by Casey Bastian by Casey Bastian Jamilla Clark and Arwa Aziz were arrested on minor charges in 2017 by the New York Police Department (“NYPD”) – Clark in Manhattan and Aziz in Brooklyn. Clark and Aziz are devout Muslims who wear the appropriate …
New York Court of Appeals Reverses Denial of Suppression Motion Where Prosecution Fails to Provide Specific Facts to Show Traffic Stop Was Lawful by Douglas Ankney by Douglas Ankney The Court of Appeals of New York reversed the decision of the appellate division that had affirmed a county court’s denial …
New York Man Exonerated of Murder and Freed After 25 Years in Prison by Douglas Ankney by Douglas Ankney On November 19, 2020, New Yorker Jaythan Kendrick was exonerated of murder and freed from prison after serving 25 years. The Queens County Supreme Court vacated his 1995 conviction based on …
Hip-Hop Police Bust Careers, Not Crime by Kevin Bliss by Kevin Bliss The New York Police Department’s (“NYPD”) Enterprise Operations Unit, also known as “the hip-hop police,” is accused of racially targeting rap bands. They surveil certain rappers, halt their video shoots, and stop their shows in an attempt to …
News in Brief by Alaska: A plan to shift the response to mental health crises away from police and into the hands of mental health professionals made strides in November 2020. The Assembly approved money to launch a mobile crisis intervention team. In Anchorage, it would operate at the fire …
They’re Not Secret Police, Just Police by Anthony Accurso by Anthony Accurso Disturbing images were coming out of Portland, Oregon, where protesters were being arrested by camouflaged federal agents in unmarked vans and taken to undisclosed locations for “processing.” Lawmakers rightfully called this behavior reprehensible for its utter lack of …
In New York, Former Prisoners With Mental Illnesses Lack Needed Support by Casey Bastian by Casey J. Bastian For human beings suffering from mental illness, living a safe and productive life can be extraordinarily difficult. Far too often, and all across America, thousands end up in prison as a result …
New York Court of Appeals Clarifies When Police May Conduct Traffic Stops by Douglas Ankney by Douglas Ankney The New York Court of Appeals clarified when police may lawfully conduct traffic stops, explaining that “stopping a vehicle for a traffic infraction requires probable cause; stopping a vehicle for suspicion of …
