NYPD’s Handcuff Policy Violates Civil Rights, Lawsuit Claims
The New York City Police Department’s (NYPD) practice of handcuffing nearly all people during their first court appearance is in violation of their civil rights, according to a class-action lawsuit filed by the city’s largest public defender group, the Legal Aid Society.
The lawsuit, filed in Manhattan Supreme Court, argues that the policy defies the due process standard enshrined in the US Constitution and is "dehumanizing" to people who are presumed innocent until proven guilty.
A Safety Issue?
The move to restrain more people pre-arraignment began about three years ago. The NYPD implemented a policy of presumptively handcuffing every person it transported to arraignment for the duration of their arraignment. The Legal Aid Society threatened to sue over the policy at the time, and in November 2023, the NYPD rescinded the policy and issued a new directive giving officers discretion to decide whether to cuff a person at arraignment. However, the practice has continued, with the NYPD issuing another new policy in May 2024 to arbitrarily cuff every person at arraignment.
Disproportionate Impact on People of Color
The lawsuit highlights the disproportionate impact of the policy on people of color, with over 80% of people arrested in New York City being Black or Hispanic. The policy treats primarily people of color as untrustworthy and dangerous, the lawsuit claims.
Challenges for People with Disabilities and Children
The policy also poses significant challenges for people with disabilities and children, who are often handcuffed during their first court appearance. This can make it difficult for them to accept key documents from their lawyers, review them, and hold onto copies of documents, the lawsuit states.
Seeking Relief
The lawsuit is seeking to invalidate the NYPD’s policy and block the practice of handcuffing people during their first court appearance without an individualized judicial finding of necessity. The Legal Aid Society is also seeking to ensure that people are not handcuffed during their arraignment without a valid reason.
Conclusion
The NYPD’s policy of handcuffing nearly all people during their first court appearance is a violation of their civil rights and a dehumanizing practice that disproportionately affects people of color. It is essential to revisit and revise this policy to ensure that people are treated with dignity and respect during the arraignment process.
FAQs
Q: What is the NYPD’s policy on handcuffing during arraignment?
A: The NYPD’s policy is to handcuff nearly all people during their first court appearance, with the exception of a few individuals who are deemed to be a low risk.
Q: Who is affected by this policy?
A: The policy affects nearly all people who are arrested and brought to court for their first court appearance.
Q: Is this policy fair?
A: The Legal Aid Society argues that the policy is unfair and violates the due process standard enshrined in the US Constitution.
Q: What is the Legal Aid Society seeking to do?
A: The Legal Aid Society is seeking to invalidate the NYPD’s policy and block the practice of handcuffing people during their first court appearance without an individualized judicial finding of necessity.
