by Reuven Blau and Rachel Holliday Smith July 2, 2020, 4:50 p.m. May 2, 2024, 2:02 p.m.There are a few ways to complain about potential illegal behavior by NYPD cops. But the process isn’t easy and rarely results in serious discipline.
by Reuven Blau and Rachel Holliday Smith July 2, 2020, 4:50 p.m. May 2, 2024, 2:02 p.m.
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As protests sparked by the death of George Floyd rage around the city and nation, some New Yorkers may find themselves experiencing or witnessing police misconduct.
But what to do about it?
For those looking to report potentially unlawful police actions somewhere beyond social media, it can be “a really challenging process,” said attorney Andrew Case, a former spokesperson for the Civilian Complaint Review Board, or CCRB, which looks into alleged misconduct by the NYPD.
“The system is not set up to make it easy for people to report misconduct and get satisfaction from it,” he said.
Jennvine Wong, an attorney with the Cop Accountability Project at the Legal Aid Society, said giving an organization like hers a call may be a good first step.
The group does not investigate individual complaints against police officers, but can offer guidance on navigating a confusing system or help you go to the next step — and beyond.
“It might not be just one step. We can give them three different ways that they want to approach it, and also talk through how they want to approach it,” she said.
If you are seeking financial compensation, you’ll need a lawyer to file a civil lawsuit.
There are various avenues to pursue disciplinary action against police. Case suggests considering what you want the outcome to be since “different agencies do different things well,” he said.
“The place that you report depends on what you want to have the report do,” said Case. “Something that people really should think very much about before they make any kind of report is — what are my goals here?”
If you want to see an individual officer disciplined, your best bet may be the CCRB, particularly since a court ruling from last week freed up the oversight board to take reports from anyone — not just direct victims of misconduct. That can include reports spurred by videos posted online.
The agency, with approximately 200 staffers, is the most common place people have leveled allegations against NYPD officers. In 2019, the review board got 4,959 complaints — the highest number since 2013.
The board investigates four categories of police misconduct: force, abuse of authority, discourtesy and offensive language — collectively known as “FADO.”
Grievances about police corruption or neglect are sent to the NYPD’s Internal Affairs Bureau.
CCRB probers gather evidence and question witnesses before filing a report to the 13-member board, which makes a decision on how to move forward.
In CCRB parlance, a “complaint” can contain several “allegations.” In 2019, 24% of complaints were “substantiated” but only 12% of allegations, according to the board. Those cases are sent to the NYPD with a disciplinary recommendation.
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