NYC Administrative Code Title 8 merely regurgitates the Fourth Amendment to the U.S. Constitution regarding unreasonable searches and seizures, which has always applied to the actions of Police Officers. This law does not create any new right to sue that doesn’t already exist. This law does not alter or diminish a member’s right to be represented and indemnified by the City in any lawsuit. When a member is acting in the lawful scope of his or her duties and is not in violation of any Department rules or regulations, the Officer is entitled to representation and indemnification under New York State General Municipal Law section 50-k. The original version of this bill mandated that members would have to contribute up to $ 25,000 towards any settlement or judgment in lawsuits brought under this statute. Through the efforts of the DEA and the Department, among others, that provision was removed and is not part of what was passed on March 25, 2021. The law does not (and legally cannot) eliminate QI as a defense under federal and state law. Based on the above points, we do not see this new Administrative Code provision being the monumental change some are making it out to be. That being said, it is no time to let our guard down.
Here’s the backstory:
On February 16, 2021, DEA President Paul DiGiacomo submitted testimony to the NYC Council’s Committee on Public Safety vehemently objecting to the proposed legislation, Intro. 2220, which, among other things, targets qualified immunity and would require Police Officers to contribute towards any judgments or settlements paid by the City in civil rights lawsuits. This proposed legislation will essentially gut law enforcement and allow criminals to use the threat of frivolous lawsuits to inhibit police action. It is critical we stop this. Read the DEA’s testimony below. We will continue to strenuously oppose this proposed legislation.
