You are here: / / RECORDS OF COMPLAINTS ABOUT A FORMER DETECTIVE MADE TO THE CIVILIAN COMPLAINT...
,

RECORDS OF COMPLAINTS ABOUT A FORMER DETECTIVE MADE TO THE CIVILIAN COMPLAINT REVIEW BOARD (CCRB) PROTECTED FROM DISCLOSURE BY THE CIVIL RIGHTS LAW (SECOND DEPT).

The Second Department determined the records of complaints about a now-retired detective (Scarcella) made to the Civilian Complaint Review Board (CCRB) were protected by Civil Rights Law 50-a and not subject to disclosure pursuant to the Freedom of Information Law (FOIL) (Public Officers Law 87):

The CCRB’s records of civilian complaints, “regardless of where they are kept,” could be used to harass or embarrass police officers, which is exactly what Civil Rights Law § 50-a was intended to prevent … . Indeed, the Court of Appeals has recently held that disciplinary records arising from civilian complaints against police officers are the very sort of record presenting a potential for abusive exploitation and intended to be kept confidential under Civil Rights Law § 50-a … . …

A retired police officer might “still [be] involved in an open or pending case and . . . , in that context, the requested documents have the potential to be used to degrade, harass, embarrass or impeach his integrity” … . Here, the petitioner’s own submissions show that Scarcella has been called to testify numerous times since his retirement. The CCRB met its burden of showing a substantial and realistic potential for the abusive use of the requested material against Scarcella … . Matter of Hughes Hubbard & Reed, LLP v Civilian Complaint Review Bd., 2019 NY Slip Op 02875, Second Dept 4-17-19

 

You might also like
PROSECUTOR’S REASONS FOR STRIKING TWO BLACK PROSPECTIVE JURORS WERE PRETEXTUAL, NEW TRIAL ORDERED (SECOND DEPT).
Rear-End Collision Warranted Summary Judgment on Liability
Defendants Entitled to Summary Judgment in Slip and Fall Case Under the Storm in Progress Rule
FAILURE TO DEMONSTRATE SCARRING WAS DISCUSSED PRIOR TO THE SIGNING OF THE CONSENT FORM, AND FAILURE TO DEMONSTRATE PLAINTIFF WOULD HAVE GONE THROUGH WITH THE SURGERY DESPITE FULL DISCLOSURE ABOUT SCARRING, REQUIRED DENIAL OF PHYSICIAN’S MOTION FOR SUMMARY JUDGMENT.
Judge’s Failure to Comply with CPL Re: Response to Jury Note Required Reversal
LATE NOTICE OF CLAIM PROPERLY ALLOWED DESPITE ABSENCE OF EXCUSE.
DEFENDANTS WERE ENTITLED TO IMMUNITY FROM THIS MEDICAL MALPRACTICE, WRONGFUL DEATH ACTION; PLAINITFF’S DECEDENT WAS ADMITTED TO THE HOSPITAL WITH COVID AND DIED FROM COVID; IMMUNITY IS PROVIDED BY THE EMERGENCY OR DISASTER TREATMENT PROTECTION ACT (EDTPA) (SECOND DEPT).
PLAINTIFF’S MOTION FOR JUDGMENT AS A MATTER OF LAW SHOULD HAVE BEEN GRANTED, DESK LEFT UNATTENDED ON A DOLLY BY DEFENDANT MOVER FELL OVER ONTO PLAINTIFF (SECOND DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2025 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

EQUITABLE ESTOPPEL DOCTRINE PROPERLY APPLIED TO FIND THAT THE FORMER SAME-SEX... RECORDS KEPT BY A VOLUNTEER AMBULANCE NOT-FOR-PROFIT CORPORATION NOT SUBJECT...