June 23, 2016 | 10:02pm  


New Yorkers can continue to sue NYPD for racial profiling

By Emily Saul

New Yorkers can continue to sue the NYPD and specific police officers if they believe they are the victims of racial profiling, an appellate court ruled Thursday.

The three-year legal saga began when the Patrolman’s Benevolent Association first took Local Law 71 to court in 2013, arguing a newly passed City Council law would subject NYPD brass to a slew of unjustified lawsuits from plaintiffs claiming racial profiling during stop-and-frisk encounters.

But Manhattan Supreme Court Justice Anil Singh rejected their claims in summer 2014, saying the law does not prevent officers from performing stop-and-frisks.

Disgruntled PBA attorneys appealed the ruling, but the Appellate Division, First Department upheld it Thursday, agreeing that Local Law 71 does not inhibit an officer’s ability to stop-and-frisk suspicious individuals.

The law “does not create a direct conflict between the local law and CPL,” read the ruling, referencing Criminal Procedure Law– which already makes police racial profiling illegal.

The decision allows those who claim they’ve been subjected to biased-based profiling to sue the city, although the law does not allow for monetary windfalls.

“We are pleased that the court has upheld the Council’s authority to pass this important anti-discrimination law,” a spokesperson with the City Law Department said.

“We continue to believe that this law creates a confusing patchwork of regulations governing police officer conduct, instead of a uniform standard across the entire state,” PBA presdent Patrick Lynch announced in a statement. “The resulting confusion will only make police officers’ job more difficult and more dangerous.”