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New York Attorney Files Article 78, to Force Turnover of NYPD Disciplinary Records

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Article 78 Petition seeks judicial intervention forcing the NYPD to turnover internal disciplinary records to assess whether discrimination class action lawsuit is viable


New York, NY, August 4, 2022 — Today, New York Civil Rights Attorney Eric Sanders of The Sanders Firm, P.C. announces the filing of an Article 78 Petition, Review of a Wrongful Denial of a FOIL Request, to force the Police Department City of New York (NYPD) to disclose internal disciplinary records to assess whether there’s a viable class action lawsuit regarding alleged discriminatory practices in the disciplinary process based on race and gender.

Sanders asserts that the public has a right to access NYPD’s disciplinary records to ensure “transparency” and a “fair” disciplinary process free of racial and national origin bias.

Sanders’ filing details former NYPD Commissioner James O’Neill’s June 2018 appointment of an “independent panel” to conduct a review of NYPD’s internal disciplinary system and to propose recommendations to improve it. In January 2019, a final report was released by the panel that included a section about allegations of systemic favoritism, bias, and significant inconsistencies, however nothing about “transparency” or a “fair” disciplinary process free of racial and national origin bias in accordance with the settlement of the Latino Officers Association City (LOA) of New York, et al. v. City of New York, was addressed.

In 2003, the NYPD agreed to implement strategies to ensure transparency and a “fair” disciplinary process free of racial and national origin bias, including establishing an advisory committee that included members of the LOA. They also promised improvements to the NYPD’s disciplinary database to allow officers, union representatives, and lawyers to easily monitor whether disciplinary action in matters matched what was taken for similar incidents in the past.

“However, for the past 18 years, the department has failed to disclose the disciplinary data,” Sanders said. “We suspect despite the LOA settlement; racial and gender bias is an integral part of the disciplinary process adversely impacting the property rights of its employees.”

To investigate these ongoing complaints and inconsistencies, Sanders made a request in March of 2021 for unredacted copies of the advisory committee reports, disciplinary databases, and all other corresponding documents segmented by race.

To date, Sanders has not received any records or any kind of response from the NYPD regarding the FOIL request. He is now seeking a Court order to require the NYPD to produce records responsive to the FOIL request.

The Article 78 Petition was filed on August 4, 2022, in the Supreme Court – New York County Index No.: 156517/2022.

About The Sanders Firm, P.C.

The Sanders Firm, P.C. offers those in the New York City area legal services related and connected to civil rights, civil service rights, criminal law and discrimination. We firmly believe in everyone’s individual rights that are described and guaranteed by the Constitution of the United States of America. We understand that our freedoms and liberties are sacrosanct and that they have been won in many and various hard-fought battles. We are committed in every way to protecting your civil rights.


Eric Sanders, Esq.
President and Owner, The Sanders Firm, P.C.
Business Phone: 212-652-2782


Article 78 Petition 


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