This year, the New York Police Department (NYPD) has dismissed over 400 substantiated cases of alleged police misconduct without reviewing the evidence, raising concerns about a lack of accountability under Police Commissioner Edward Caban. The dismissed cases had been fully investigated by the Civilian Complaint Review Board (CCRB) and involved misconduct such as wrongful searches and excessive force, including incidents where officers unjustifiably stopped and frisked civilians or used unnecessary force.
ProPublica found that the NYPD’s practice of discarding cases without review has surged under Caban, with nearly 60% of cases referred by the CCRB being dismissed this year, compared to around 40% under his predecessor. This approach initially intended to manage escalating caseloads, has become more frequent under Caban’s leadership. Critics argue that the department is exploiting deadlines to avoid accountability, with City Council member Alexa Avilés stating, “They’re using the statute of limitations to avoid accountability.”
The NYPD has defended its actions, citing due process concerns and the CCRB’s lengthy investigation times. However, former CCRB chair Rev. Fred Davie criticized the department, saying, “Ignoring substantiated incidents of misconduct is truly untenable and indefensible.”
Under Caban, the department has also avoided disciplining officers in serious cases, using a tactic called “retention” to dismiss cases even when the CCRB had found evidence of crimes, such as officers using chokeholds or beating protesters.
Critics, including advocacy groups and legal experts, argue that these practices undermine the accountability measures imposed on the NYPD after a federal court ruling regarding stop-and-frisk policies. Former federal judge Shira Scheindlin, who issued the ruling, said the NYPD’s refusal to review many stop-and-frisk cases shows “the department is policing with impunity.”
In response to ProPublica’s findings, New York lawmakers are calling for changes, including stripping the police commissioner of the power to dismiss misconduct cases without review.
Link: ProPublica
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