descriptions are used
Individual officers will not be liable for monetary damages or subject topunishment by judges
Most of Intro 1080 addresses potential claims that canonly be brought against the Department, for policies that discriminate against people based on race, religion, sexual orientation, or other categories.
cannot order monetary damages, but only “injunctive and declaratory relief,” that
is, changes to policy, training, or supervision to reduce discriminatory impact.
Relief can be sought against individual officers only on grounds that they haveintentionally discriminated against an individual or a group of people based ontheir membership in a protected class.
In most cases, similar relief can already be sought under Federal law,
so Intro 1080
does not hold individual officers to an unfamiliar standard
. However, even under Intro 1080, the judge can still onlyorder injunctive and declaratory relief.
There are no monetary damages and judges cannot order that individual officers be fired or disciplined by thedepartment.
Operation Crew Cut, the use of Argus cameras, and other NYPD policiesthat are targeted at high-crime locations are not prohibited by this law.
Policies that target resources to areas of high crime and focus on criminal behaviors (e.g. gang activity) are exactly the type of constitutional policing thatthe bill protects. The practice of stopping, questioning, and even frisking peoplewhere there is reasonable suspicion to do so is not affected by Intro 1080, so longas it is not practiced on a discriminatory basis. The bill prohibits policies and
practices that use race or other protected classes as the “determinative factor” for
initiating police activity
or that have an identifiable discriminatory impact.
And even in these cases, the bar of proof is high,
the mere existence of statisticaldifferences from the general population is not alone enough to prove the case,
and the NYPD can successfully defend by showing that there is no such impact,or that the policy is supported by a compelling law enforcement interest.
Nothing will change in the chain-of-command
. The NYPD Inspector Generalwill conduct reviews of NYPD policy, and make recommendations to theCommissioner and Mayor
but the NYPD IG will have no authority to order or implement any changes.
The Commissioner will continue to have soleauthority for setting policy and directing the activities, deployment, and conductof NYPD employees.
Judges are empowered by law to order narrow remediesthat are closely tied to the specific complaint and only when the plaintiffs meettheir burden of proof. In addition, as is always the case, decisions of judges can beappealed to a higher court.
IAB will continue to investigate individual allegations of fraud, corruption,or wrongdoing
. The Inspector General is charged with investigating NYPD policies and procedures
and cannot order punishment of individual officers.
Investigations the IG might conduct include such policy reviews as the use of stop, question and frisk; surveillance of Muslim communities; allegations of