Source:
NY TimesA state appeals court on Tuesday upheld a lower court decision ordering the New York Police Department to turn over years of data identifying the race of suspects shot at by the police.
The New York Civil Liberties Union began trying to collect the data after the Sean Bell shooting in Jamaica, Queens, in 2006. After the group filed a lawsuit, the police turned over data on the race of suspects shot by the police from 1997 through 2008, but not that of suspects whom the police fired at but missed.
In December, Justice Joan A. Madden of State Supreme Court in Manhattan ruled in favor of the civil liberties group. The department appealed. The police argued that the shooting reports, because they could potentially be used in disciplinary proceedings against the police officers, amounted to personnel records, which are exempt from disclosure under the state’s Freedom of Information Law. But on Tuesday, a five-member appeals panel upheld the earlier decision.
The panel said that because the Police Department had turned over one category of data to the group, the police had “waived their right” to claim exemptions from releasing the additional data.
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http://www.nytimes.com/2010/06/23/nyregion/23race.html