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" The thing is, there’s generally no consequence for bad police behavior, even repeated or serially bad behavior. Even if individual officers are successfully sued, the only thing that happens is that the city’s corporation counsel pays out some cash, and life just goes on as before. An officer’s record of complaints or settlements isn’t listed publicly. A defense lawyer who wants to find out if the officer who arrested his client has ever, say, bounced an old lady’s head off a sidewalk or lied to a judge about witnessing a drug sale has to meet an extraordinary legal standard to get access to that info.

In order to look at an officer’s record, you have to file what’s called a “Gissendanner motion,” the term referring to a 1979 case, People v. Gissendanner. In that case, a woman in the Rochester suburb of Irondequoit was busted in a sting cocaine sale by a pair of undercover police. The court in that case held that the defendant isn’t entitled to subpoena the records of arresting officers willy-nilly, but that you needed a “factual predicate” to look for records of, say, excessive force or entrapment. In other words, you already need to know what you’re looking for before you find it.

What this all boils down to is, if you really feel like it, you can definitely sue the New York City Police Department. Since so much of what they do happens on the street, in front of witnesses, you might very well even win. But even if you win, there’s not necessarily any consequence. The corporation counsel’s office doesn’t call up senior police officials after lawsuits and say, “Hey, you’ve got to get rid of these three meatheads in the Seventy-Eighth Precinct we keep paying out settlements for.” In fact, when there are successful lawsuits, individual officers typically aren’t even informed of it.

What makes this so luridly fascinating is that this system is the exact inverse of the no-jail, all-settlement system of justice that governs too-big-to-fail companies like HSBC. Big banks get caught committing crimes, at worst they pay a big fine. Instead of going to jail, a check gets written, and it comes out of the pockets of shareholders, not the individuals responsible.

Here it’s the same thing. Police make bad arrests, a settlement comes out of the taxpayer’s pocket, but the officer himself never even hears about it. He doesn’t have to pay a dime. And life goes on as before. "

― Matt Taibbi , The Divide: American Injustice in the Age of the Wealth Gap

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Matt Taibbi quote : The thing is, there’s generally no consequence for bad police behavior, even repeated or serially bad behavior. Even if individual officers are successfully sued, the only thing that happens is that the city’s corporation counsel pays out some cash, and life just goes on as before. An officer’s record of complaints or settlements isn’t listed publicly. A defense lawyer who wants to find out if the officer who arrested his client has ever, say, bounced an old lady’s head off a sidewalk or lied to a judge about witnessing a drug sale has to meet an extraordinary legal standard to get access to that info.<br /><br />In order to look at an officer’s record, you have to file what’s called a “Gissendanner motion,” the term referring to a 1979 case, People v. Gissendanner. In that case, a woman in the Rochester suburb of Irondequoit was busted in a sting cocaine sale by a pair of undercover police. The court in that case held that the defendant isn’t entitled to subpoena the records of arresting officers willy-nilly, but that you needed a “factual predicate” to look for records of, say, excessive force or entrapment. In other words, you already need to know what you’re looking for before you find it.<br /><br />What this all boils down to is, if you really feel like it, you can definitely sue the New York City Police Department. Since so much of what they do happens on the street, in front of witnesses, you might very well even win. But even if you win, there’s not necessarily any consequence. The corporation counsel’s office doesn’t call up senior police officials after lawsuits and say, “Hey, you’ve got to get rid of these three meatheads in the Seventy-Eighth Precinct we keep paying out settlements for.” In fact, when there are successful lawsuits, individual officers typically aren’t even informed of it.<br /><br />What makes this so luridly fascinating is that this system is the exact inverse of the no-jail, all-settlement system of justice that governs too-big-to-fail companies like HSBC. Big banks get caught committing crimes, at worst they pay a big fine. Instead of going to jail, a check gets written, and it comes out of the pockets of shareholders, not the individuals responsible.<br /><br />Here it’s the same thing. Police make bad arrests, a settlement comes out of the taxpayer’s pocket, but the officer himself never even hears about it. He doesn’t have to pay a dime. And life goes on as before.
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