On Friday, May 14, 2021, the DEA filed a lawsuit against the CCRB and its Chair, Fred Davie, challenging the CCRB’s recent amendment to their rules, which for the first time in their history sets forth an overbroad and expansive definition of “Abuse of Authority,” one of their FADO bases of jurisdiction. Specifically, in this lawsuit we challenge CCRB’s vague and ambiguous definition of “abuse of authority” as “misusing police powers.” We are further challenging CCRB’s determination that abuse of authority includes allegations of (1) “refusals to provide identifying information,” (2) “intentional untruthful testimony and written statements made against members of the public,” and (3) “sexual misconduct.” We are asking the Court to strike down this definition and prohibit CCRB from conducting any investigations or taking any actions based on such definition. This is clearly an illegal power grab by the CCRB which we simply cannot accept.
The combined Article 78 proceeding and Declaratory Judgment action was filed in New York State Supreme Court, New York County. We are currently waiting for an Index number and a Judge to be assigned to the case. As soon as we have any updates, we will let everyone know.
This is only one of several lawsuits we have against CCRB challenging actions they have taken, or are proposing to take. Be assured that so long as CCRB continues to try and expand their powers, we will continue to challenge them each and every step of the way.
In the meantime, our success rate against CCRB allegations, both at CCRB and in the Trial Room, remains very high. We must continue to educate our members and ensure that they are fully prepared when being interviewed by CCRB. Thank you for your constant help in this battle.
In solidarity and unity,
Paul DiGiacomo
President
