By Brendan J. Lyons
Times Union, Albany, N.Y.
ALBANY, N.Y. — The union representing New York state troopers filed a lawsuit Wednesday challenging the legality of New York City codes that criminalize certain restraint techniques used by State Police and other law enforcement agencies.
The civil complaint, filed in state Supreme Court in New York City, alleges the city’s new codes limiting the type of force officers or correction officers can use to restrain a person conflict with state laws that give police the authority to “use physical force when and to the extent he or she reasonably believes such to be necessary” to make an arrest, prevent an escape, or employ in self-defense or to defend a third person. The unions representing state correction officers, park police, university police and environmental conservation officers are also petitioners in the case.
The lawsuit contends the city’s codes conflict with state Executive Law, among others, and that applying the rules to state troopers operating under the authority of the superintendent “is inconsistent with their statewide authority, contravenes the legislative purpose for the creation of a State Police force and is incompatible with state troopers’ training and statewide arrest and apprehension authority.”
The unions for state troopers and investigators raised concerns last month when New York City adopted the codes, saying the bans on certain restraint techniques conflict with their training and would expose troopers and other law enforcement officers who patrol New York City to prosecution for a misdemeanor crime.
Troopers PBA President Thomas H. Mungeer characterized the adoption of the New York City codes as an “ill-conceived, knee-jerk reaction by lawmakers (that) has left our members vulnerable to criminal and civil liabilities for doing they job they were trained to do.”
“It is inconceivable to us that a trooper can initiate a traffic stop on the border of New York City, and if a violent confrontation arises, the arrest technique will vary depending on whether it ensues at the front bumper or the back bumper of the patrol car,” Mungeer said
The changes adopted by the New York City Council and Mayor Bill de Blasio were intended to largely influence physical confrontations between civilians and the New York Police Department. They codes make it a misdemeanor crime for a police officer to use any neck restraints or to put their knees on the back or stomach of a person.
State Police leaders issued a directive to the agency’s members last month cautioning them about the city’s ordinances.
Ronald Pierone, vice president of the union representing State Police investigators, told the Times Union last month the codes would conflict with years of training and create more dangerous situations if a person who is combative cannot be restrained and their behavior escalates to the point the trooper may need to use a Taser, baton, pepper spray or even deadly force if their life becomes endangered.
“You have guys down there that have made hundreds of arrests and some of the arrests go simple, no issues,” Pierone said. “It’s going to be a difficult process to tell yourself, ‘Well, I’m in one of the five boroughs of New York City and I can’t do that now.’”
The roughly five restraints banned by New York City — including sitting, standing or kneeling on a person’s back or chest — are considered a proper restraint by other police agencies across the state and authorized under state law. Police consider the methods “non-violent restraining techniques” that they said safely subdue people who are combative with the least amount of force.
The codes directed at the NYPD were adopted following a series of highly publicized cases in which people have died during physical encounters with police, including some who succumbed after being placed in chokeholds. Still, police officials said many of those cases involved officers who may have used improper techniques and that New York police agencies already ban the use of chokeholds.
New York City and many other municipalities across the country began changing or debating police use of force techniques in the wake of protests that followed the death of George Floyd in Minneapolis. He died after a police officer kneeled on his neck for nearly nine minutes as Floyd was handcuffed and complaining that he could not breathe. Many police use-of-force experts have said that officer, who has been charged with murder, was using force that was unjustified and is not part of their training.
Mungeer had previously issued a statement demanding that state troopers be removed from New York City “and cease any law enforcement activities within that jurisdiction.” But there is no indication that troopers will be removed from New York City, where many patrol airports, bridges and tunnels.
State Police officials are arranging for troopers and investigators assigned to New York City to receive additional training on the restraint laws, a spokesman said.
©2020 the Times Union (Albany, N.Y.)