A judge on Tuesday said he will “likely” allow NYPD rank-and-file to proceed with their lawsuit over department plans to release their disciplinary records.
Manhattan Supreme Court Justice Arthur Engoron heard arguments both from lawyers representing the Patrolmen’s Benevolent Association and city regarding the police union’s lawsuit.
The PBA sued in April after police brass said they planned to release redacted disciplinary proceedings – marking a dramatic shift from past policy that kept these records under wraps.
The PBA has maintained the shift violates Section 50-a of the 1976 state civil rights law – which prohibits releasing disciplinary files.
City lawyers have contended that police officers don’t have the right to sue over this policy decision under 50-a.
Engoron, who previously issued a temporary restraining order prohibiting the records’ release, was skeptical of the city’s argument.
“I learned in law school, when there’s a right, there’s a remedy,” Engoron said, referring to 50-a protections.
Engoron said he’s “likely” to reject city lawyers’ motion to dismiss, and will issue a decision in several weeks.