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Second IAB Detective Files $15 Mil. Notice to Sue

New York Civil Rights Attorney Eric Sanders, Esq., of The Sanders Firm, P.C., alleges in a $15 million Notice of Claim filing that the NYPD Internal Affairs Bureau is an inept racially and sexually charged corrupt ‘Good Ole Boys’ network operating without any real government oversight

According to the claim, Claimant Diane Davis has filed prior complaints of race and gender discrimination within the NYPD Internal Affairs Bureau that culminated with the filing of a federal lawsuit, where the jury found in favor of the City of New York.

Davis alleges that throughout her assignment in the Internal Affairs Bureau from January 23, 2009, until this day under Police Commissioner Raymond W. Kelly and Bureau Chief Charles V. Campisi the ‘Bureau’ operates as an inept corrupt ‘Good Ole Boys’ network protected and condoned by Mayor Michael R. Bloomberg and the New York City Council without any governmental oversight. Since she and other similarly situated African-American Females Officers have rebuffed this ‘Good Ole Boys’ network, they encounter a race and gender based hostile work environment on a daily basis.

Since filing her numerous complaints over the years, Davis alleges that she has received far more scrutiny, questionable performance evaluations and even less desirable work assignments.

The Internal Affairs Bureau under Police Commissioner Raymond W. Kelly and Bureau Chief Charles V. Campisi intentionally misleads the public and jeopardizes the public safety by promoting an ‘image’ of openness and fairness in policing meanwhile covering up its own serious corruption problems, Davis claims. The Internal Affairs Bureau is rife with problems of intentionally ‘mishandling’ police corruption cases to avoid Department and primarily Caucasian Male Officers criminal and civil liability.

Additionally, the Internal Affairs Bureau is rife with problems of racism, sexism and nepotism. Davis alleges that promotions and preferred assignments are solely based upon the employees’ race and their affiliations, with the bulk given to ‘unqualified’ Caucasian Male Officers’ to the detriment of African-American Female Officers.’ African-American Female Officers’ in particular, Davis claims are expected to engage in the stereotypical behaviors of being subservient to primarily Caucasian Male police supervisors by acting as their ‘personal secretaries, paramour or sex partners.’ African-American Female Officers’ who do not engage in stereotypical behaviors are denied promotions and preferred assignments.

Davis claims that there is no ‘confidentiality’ as soon as a complaint is filed by a civilian against an officer such complaint is immediately made known to the officer’s commanding officer compromising the investigation and the civilian’s personal safety.

There is no ‘confidentiality’ as soon as a complaint is filed by an African-American or Hispanic Officer, such complaint is immediately made known throughout the ‘Bureau’ as well as the reporting officer’s command compromising the investigation and the officer’s personal safety.

According to Davis, African-American Officers’ are intentionally targeted with ‘bogus’ investigations when there is no basis for either initiating an investigation against them or continuing with an investigation even after there is ‘no evidence’ of police misconduct. For example, investigators consistently and without legal basis, perform ‘financial’ background checks of African-American Officers’ based upon racial stereotyping. i.e. Drives a ‘nice’ car or lives in a ‘nice’ neighborhood.

Further, that the Internal Affairs Bureau under Police Commissioner Raymond W. Kelly and Bureau Chief Charles V. Campisi uses a flawed and biased ‘quota’ system. This ‘quota’ system artificially increases its’ ‘numbers’ making it appear that the Internal Affairs Bureau is being ‘proactive’ investigating police corruption. When in fact, they are using such mechanisms as Integrity Tests (Random and Targeted), EDITS, AWARES and prisoner debriefings to intentionally mislead the public about the ‘true’ number of police corruption and civilian complaints filed primarily by African-American Male civilians and officers’ against Caucasian Male Officers.

Moreover, there are a significant number of cases where African-American and Hispanic Officers who file complaints of discrimination suddenly becomes the ‘Subject Officer’ in an unrelated misconduct case. These cases usually originate from an ‘Anonymous’ source usually for ‘Criminal Association.’ The investigators then engage in a ‘fishing’ expedition including but not limited to: obtaining the officer’s cellular and telephone records, financial records, wiretapping the officer’s cellular and/or home telephone, etc. Then if that does not result in a ‘Substantiated’ finding, then continue to investigate for unrelated minor Patrol Guide violations. These actions dissuade complainants and others from asserting or supporting discrimination claims.

The Internal Affairs Bureau intentionally use Integrity Tests (Random and Targeted), EDIT and AWARE Operations to get a ‘body’ meaning an ‘employee’ for the sole purpose of obtaining overtime for their own financial gain. This is similar to the ‘Collars for Dollars’ schemes used by enforcement units, arresting people for the sole purpose of obtaining overtime for their own financial gain.

Davis says that Internal Affairs Bureau’s Group No.: 12, investigates alleged police corruption in Manhattan South, Lower Manhattan. The overwhelming majority of police officers are Caucasian. So naturally, the overwhelming majority of ‘Subject Officers’ are Caucasian. However, on a whole, case results in Internal Affairs Bureau Group No.: 12 are determined based upon the ‘Subject Officers’ race. For example, African-American and Hispanic ‘Subject Officers,’ generally receive more significant penalties than Caucasian ‘Subject Officers’ African-American and Hispanic ‘Subject Officers’ generally forfeit more vacation time, and are suspended, modified and terminated more frequently than Caucasian ‘Subject Officers’ for the same or similar allegations of corruption or serious misconduct. Additionally, African-American and Hispanic ‘Subject Officers’ cases are ‘Substantiated’ more frequently than Caucasian ‘Subject Officers’ and often times for reasons unrelated to the initial allegations.

AWARE Operations are utilized in a racially discriminatory manner as well. AWARE Operations are street level ‘observations’ designed to arrest persons violating the law. However, on a whole, AWARE Operations are raced-based. Primarily, Internal Affairs Bureau Group No.: 12 intentionally targets African Males allegedly observed as unlicensed ‘street vendors’ and African-American Males allegedly observed smoking marijuana in public view. Caucasians and other racial or ethnic groups are rarely if ever subjected to AWARE Operations.

Moreover, EDIT Operations are utilized in a racially discriminatory manner as well. EDIT Operations are essentially warrant operations designed to arrest persons with outstanding warrants. However, on a whole, EDIT Operations are race-based. EDIT Operations threatens the public safety. Primarily, Internal Affairs Bureau Group No.: 12 intentionally targets African-American and Hispanics. Caucasians and other racial or ethnic groups are rarely if ever subjected to EDIT Operations. Additionally, EDIT Operations are implemented without approved Tactical Plans (TAC), no tactical equipment being used, nor are the personnel properly trained.

Davis says that Integrity Tests are utilized in a racially discriminatory manner as well. The Undercover Officer, usually an African-American or Hispanic Male is used to give the ‘Target Officer’ an item under a ‘guise.’ Integrity Tests are ‘Pass or Fail.’ Integrity Tests are ‘allegedly’ used to test an employees’ compliance with Department Policies. However, on a whole, Integrity Tests are race-based. Primarily, Internal Affairs Bureau Group No.: 12 intentionally targets African-American and Hispanic Officers. Caucasian and other racial or ethnic groups are rarely if ever subjected to Integrity Tests.

Within the Internal Affairs Bureau, African-American Female and Male Officers’ are intentionally assigned to work as undercover investigators then use such assignments to deny them promotions and other preferred assignments.

According to Davis, there is ‘no viable mechanism’ to file ‘corruption’ complaints against the Internal Affairs Bureau by its African-American and Hispanic Officers.’ Because as soon as a complaint is filed by such employee, the complaint is immediately made known to Bureau Chief Charles V. Campisi who immediately suppresses the complaint to protect his own self-interest compromising the investigation and the employee’s personal safety.

There is ‘no viable mechanism’ to file ‘discrimination’ complaints against the Internal Affairs Bureau by its African-American and Hispanic Officers.’ Because as soon as a complaint is filed by such employee, Deputy Commissioner of the Office of Equal Employment Opportunity Neldra M. Zeigler immediately notifies Bureau Chief Charles V. Campisi, they then conjunctively suppress the complaint to protect the Department’s and their own self-interests compromising the investigation and the employee’s personal safety.

On or about April 18, 2013, the morning of Retired Detective Second Grade Shirley Pelage’s story appearing in the New York Daily News, Davis was notified that she was being promoted to Second Grade after being passed over numerous times since 2006.

On or about June 28, 2013, Davis was promoted to Detective Second Grade.

Davis claims that as a result of her and other similarly situated African-American Male and Female employee’s rejecting the aforementioned and other related conduct, they were not promoted consistently as Caucasian employees’ nor given preferred assignments.

“Needless to say, the Internal Affairs Bureau is long overdue for a top-to-bottom review. There is currently no viable meaningful mechanism available to protect the civil rights of the general public or NYPD employees from corrupt police officers.” Eric Sanders says.

Eric Sanders, Esq., of The Sanders Firm, P.C., filed Notice of Claim with the New York City’s Comptroller’s Office on July 11, 2013, Claim No.: 2013PI017790.

The Sanders Firm, P.C., is a nationally recognized law firm located in New York, NY, serving clients throughout the five (5) boroughs of the City of New York: Bronx, Brooklyn, Manhattan, Queens, and Staten Island as well as Nassau, Orange, Suffolk, and Westchester Counties, focused on cases involving civil rights, civil service law, criminal law, and discrimination.

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