New York Daily News

October 15, 2013


 


Police union plans lawsuit over City Council stop-and-frisk law

The Patrolmen’s Benevolent Association planned to file the lawsuit Tuesday. The court papers allege a City Council-passed law that would make suing the NYPD for racial profiling in stop-and-frisk checks is already covered in New York State’s Criminal Procedure Law and that the Council overstepped its bounds.

BY TINA MOORE / NEW YORK DAILY NEWS

CHRISTIE M, FARRIELLA FOR NEW YORK DAILY NEWS
PBA President Patrick J. Lynch (center) said the City Council 'overstepped the bounds of its authority' by voting in a law that allows profiled victims of stop-and-frisk to sue the NYPD.

The city’s police union plans to file a suit Tuesday in Manhattan Supreme Court challenging a City Council law that would make it easier for people to sue cops for profiling in stop-and-frisk encounters.

The lawsuit by the Patrolmen’s Benevolent Association charges that the bill is preempted by the state Criminal Procedure Law, which already prohibits racial profiling.

PBA President Patrick Lynch said the City Council’s bill should not be permitted to override the state law.

“We believe that the City Council overstepped the bounds of its authority with the passage of what is now known as Local Law 71,” said Lynch.

tmoore@nydailynews.com