The DEA sued the CCRB back in 2021, challenging, among other things, their self-expansion of the definition of “abuse of authority,” one of the four limited areas of their “FADO” jurisdiction. Supreme Court, New York County denied our lawsuit, as well as a lawsuit filed by the PBA which made similar allegations. The DEA immediately appealed the lower court’s decision to the Appellate Division, First Department. As previously reported we had filed several briefs and argued the case in front of a five-judge panel on February 28th. Decision was then reserved.
On March 22nd, the Appellate Division regrettably affirmed the lower court’s decision denying our lawsuit against the CCRB. The Court wrote, in part, that “we defer to the CCRB’s definition of the term ‘abuse of authority,’ unless it is irrational, unreasonable or inconsistent with the governing statute. We find that the CCRB rationally applied the definition of abuse of authority to failures to provide identifying information during law enforcement encounters where required by the Right to Know Act, regardless of whether there has been a request.”
Because the decision was unanimous (5-0), there is no appeal as of right to the NYS Court of Appeals. We are extremely disappointed in the Court’s lack of courage and foresight in this case. They could have easily found that the CCRB abused its discretion in this limited, specific circumstance. Instead, they have sent a clear signal to CCRB – and our members – that there is literally no limit to CCRB’s “abuse of authority” jurisdiction: which will lead, and in fact has already led, to further expansions, such as deeming body worn camera violations to be an “abuse of authority.”
While the Courts have refused for the most part to check CCRB’s power grab, the DEA will continue to fight and win these cases in the Trial Room. Now, more than ever, our members must be cognizant of the CCRB menace and must prepare, prepare, prepare when called down for an interview.
