Report: NYPD discipline of officers who violate stop-and- frisk policies not pursued 'with vigor'

While the NYPD has made significant efforts to investigate police misconduct in general over the years, discipline of police officers for substantiated allegations of illegal stop, question and frisk actions has not been done with the "same vigor and resolve," according to a report prepared by a retired state judge.

The 496-page study, released Monday, was commissioned by a Manhattan federal Judge Analisa Torres in connection with a decade long lawsuit over racial disparities in stop-and-frisk actions by NYPD police officers — commonly referred to as "SQF." The report says there is a growing effort within the department to reduce recommended officers' sanctions for such violations.

"A significant effort is made, and significant resources are expended, by the NYPD to investigate misconduct claims in general," the report's author, retired Manhattan Supreme Court Judge James Yates found. "However, the same cannot be said of disciplinary efforts regarding compliance with the [federal Constitution]. Discipline for illegal stops and frisks, even when substantiated by the [Civilian Complaint Review Board], is not pursued with the same vigor and resolve as for other misconduct."

Yates added that police commissioners showed "an inordinate willingness to excuse illegal stops, frisk and searches" as good faith mistakes.

Yates said the disciplinary penalty matrix calls for a presumption of three penalty days of pay, but in a sample of 91 cases of the CCRB that presumption was missed. His data showed some police officers still got fewer days penalized, received training or still had open cases.

After reviewing data covering the years 2013-2022, Yates, came up with 51 recommendations to remedy the disciplinary process overall, running the gamut from more transparency to changes in access to police disciplinary records.

Torres is supervising the federal stop-and frisk-litigation after a federal judge concluded in 2013 that the NYPD under Mayor Michael Bloomberg and Commissioner Ray Kelly disproportionately targeted minorities for street stops without the constitutionally required "reasonable suspicion." The decision spawned federal monitoring to oversee reforms.

From a high of over 685,000 stop-and-frisks in 2012, the level dropped to 16,971 in 2023, a decline of more than 97%, NYPD data shows. But critics contend that problems with police officers properly reporting stops still downplays the issue and they point to the fact that the number of stops involving minorities is still around 87%.

"In the bad old days of stop and frisk, hundreds of thousands of New Yorkers were illegally stopped every day by the NYPD," said Donna Lieberman, executive director of the New York Civil Liberties Union, "This report shows those days are roaring back with virtually no accountability."

The report, which comes at a time when the NYPD leadership is in flux with the resignation of Edward Caban in the midst of a federal probe aimed at his twin brother and the appointment of interim commissioner Tom Donlon, brought sharp comments from police critics.

But Police Benevolent Association president Patrick Hendry said in a statement that "this report is completely at odds with the disciplinary system as experienced by police officers. Police officers are too often second guessed and penalized for doing the job."