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
Late Motion for Judicial Approval of a Settlement Properly Denied—Delay In Seeking Approval Was Due to Plaintiff’s Own Fault or Neglect
Civil Forfeiture Should Not Have Been Made Part of Defendant’s Sentence In the Absence of Defendant’s Voluntary Agreement
THE BUSINESS RECORDS UPON WHICH THE CALCULATIONS IN THE REFEREE’S REPORT WERE BASED WERE NOT SUBMITTED; THE REPORT SHOULD NOT HAVE BEEN CONFIRMED (SECOND DEPT).
SMALL CLAIMS ASSESSMENT REVIEW (SCAR) CRITERIA EXPLAINED.
FOR INMATES WHO COMMITTED CRIMES AS JUVENILES, THEIR YOUTH MUST BE TAKEN INTO CONSIDERATION IN PAROLE DETERMINATIONS (SECOND DEPT).
SUPREME COURT SHOULD NOT HAVE SEARCHED THE RECORD TO AWARD SUMMARY JUDGMENT ON A GROUND NOT RAISED BY THE PARTIES, HOWEVER, FAILURE TO TIMELY NOTIFY UMBRELLA INSURER OF THE CLAIM WARRANTED SUMMARY JUDGMENT (SECOND DEPT).
Evidence of General Inspection Practices, As Opposed to the Specific Inspection and Cleaning Practices Re: Where the Plaintiff Slipped and Fell, Insufficient to Entitle Defendant to Summary Judgment
Waiver of Right to Appeal Unenforceable.

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...