Detectives' Endowment Association, Inc. — Scott Munro, President
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Court Decision in the Diaphragm Compression Lawsuit

Court Decision in the Diaphragm Compression Lawsuit

The DEA has been vigorously challenging New York City’s Diaphragm Compression Law — NYC Administrative Code section 10-181 — since the law went into effect in July of 2020. Although our initial lawsuit before the NYS Supreme Court was successful in getting the law struck down, the Appellate Division, First Department reversed the lower court and reinstated the law. We therefore took the fight to the highest court in our state, the NYS Court of Appeals.

Unfortunately, in an Opinion and Order dated November 20, 2023, the Court of Appeals has affirmed the Appellate Division’s decision and has upheld this misguided and dangerous law.

Although the DEA is disappointed and frustrated with the decision, Members of the Service must understand that the law is now a permanent part of their rules and regulations. It is now a misdemeanor offense for a Police Officer, in the course of effecting or attempting to effect an arrest, to “restrain an individual in a manner that restricts the flow of air or blood by compressing the windpipe or the carotid arteries on each side of the neck, or sitting, kneeling, or standing on the chest or back in a manner that compresses the diaphragm.”

The law is vague, but this is the way it is written; and consequently, members should be guided accordingly and take all precautions to protect your own safety and the safety of your partners. When making an arrest, proceed with extreme caution.

The DEA, as always, will do everything in its power to protect you from any legal challenge or charges.

 

 

 

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