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STARTING NOW: A judge is expected to decide on police unions' request for a preliminary injunction against NYC's plans to publish police misconduct records online. Yesterday civilian complaint data went public, but many more NYPD records are still secret: https://gothamist.com/news/nyclu-publishes-over-300k-police-misconduct-records-after-court-order-lifted
Judge Katherine Polk Failla begins reading her decision... promises its going to be long.
Judge Failla begins by going over this cases' months long history. I believe there's over a 100 people on this call.
Judge Failla: "I am denying plaintiff's motion." Sounds like a big loss for police unions. She mentions a small exception re NYPD records.
Judge Failla says unions failed to show irreparable harms in terms of reputational damage or physical safety that would come from the releases.
Judge Failla notes the unions' expert failed to show empirical or detailed evidence to make these claims.
Judge points to NAACP brief demonstrating the availability of these types of records in 12 other states.
Judge notes that other prospective law enforcement employers can get and understand these types of records fairly.
Judge Failla: "I don't see a privacy right inherent in the records of public employees."
Failla now turns to arguments about risks of release to safety of law enforcement. Says plaintiffs have failed to show the release of these disclosures would cause harm. "Plaintiffs have presented speculation only..."
Judge Failla says "plaintiffs could not provide a single example" of when the release of misconduct records created public safety concerns. "There are numerous states with more robust" access to records with no uptick in violence. "I don't see any safety issues in those states."
Judge Failla also refers to @KendallTTaggart/ @michaelhayes's Buzzfeed data release on IAB records, noting she has not seen dangers resulting from it: https://www.buzzfeednews.com/article/kendalltaggart/nypd-police-misconduct-database-explainer
Judge Failla goes over police union contracts, noting that they cannot "stretch" them to block investigative reports being removed from the public record, even if they can be removed from their personnel folders.
Judge Failla refers to one exception to her decision on the injunction. NYPD officers can appeal for the PD to expunge certain misconduct records, Schedule A violation records. Bc of the term "expungement" she says these records will be temporarily withheld until arbitration.
Judge Failla says NYPD and CCRB cannot release certain Schedule A violation records for now.
Someone started playing music in the middle of this?
Judge Failla referred to @MonaChalabi's story in The Guardian, noting that publishing on unsubstantiated allegations are not the same as publishing false allegations: https://www.theguardian.com/us-news/datablog/2020/aug/04/new-york-police-department-allegations-complaints
Judge notes that the NYPD and CCRB were simply planning to publish in reaction to the repeal of 50-a.
The union coalition has until Monday at 2 pm to appeal to the 2nd circuit.
