NYPD: New Use-of-Force Guidelines Issued after Highly Critical Report Released

This morning, the NYPD Office of the Inspector General (OIG) issued a report that found police leadership ignored over 35 percent of sustained excessive force complaints against its officers. This afternoon, New York Police Commissioner William Bratton announced new use-of-force guidelines to improve reporting and responsiveness. The guidelines will require NYPD officers to document and grade each use of force occurrence on duty. They also require officers to intervene if they witness a fellow officer using excessive force.

According to BuzzFeed:

The scathing [OIG] report, the first of its kind prepared by the new regulatory agency, was based on an analysis of 179 cases from 2010 through 2014 in which the Civilian Complaint and Review Board, the independent agency that investigates police misconduct, found that officers had used excessive force. The report also examined internal NYPD records for over 100 of those cases.

Among the Inspector General’s most troubling findings was the fact that top department brass declined to discipline a large portion of officers who were found to have used excess force. In 36% of the cases where independent investigators found evidence of misconduct, the police commissioner, who ultimately decides the fate of police officers accused of wrongdoing, “refused to impose any form of discipline.”

In spite of these revelations, NYPD’s largest union objected to the new reporting requirements. Patrick Lynch, president of the Patrolmen’s Benevolence Association, told BuzzFeed, “more paperwork coupled with a serious shortage of police officers and the continual second-guessing of their actions is a formula for disaster.”

The OIG also found the percentage of sustained force complaints that garnered no discipline is down considerably under Commissioner Bratton’s leadership. This decline indicates that Bratton’s NYPD is serious about addressing these entrenched problems of responsiveness, union objections notwithstanding.

As the nation’s largest police department, the NYPD often sets the operational standard (for good or ill) for many of law enforcement agencies across the country. Police departments and reformers alike will be watching closely as the NYPD implements these new guidelines.

You can read today’s OIG report here. You can read more about the new guidelines from yesterday’s preview in the New York Times. And you can read my testimony before the U.S. Commission on Civil Rights on the widespread lack of transparency regarding the use of force and officer discipline here.

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