AG sues for ‘abuse of police power’

James finds pattern of excessive use of force, false arrests by NYPD

State Attorney General Letitia James filed a lawsuit Thursday against the New York Police Department and its leadership seeking to end what James described as a pattern of excessive use of force and false arrests during peaceful protests.

The lawsuit — filed in the Southern District of U.S. District Court — comes after a monthslong investigation James’ office conducted into the department’s actions and handling of protesters during mostly peaceful protests prompted by the death of George Floyd, a Black man who died after a Minneapolis police officer held his knee to Floyd’s neck for nearly eight minutes.

What they found, James said, was an “egregious abuse of police power” whereby officers used excessive force like pepper spray and the controversial practice of “kettling” to disperse mostly peaceful protesters. Kettling involves forming large cordons of officers to contain and move crowds.

“They failed to address this long-standing pattern of abuse by not properly training, supervising and disciplining officers to prevent this misconduct,” James said. “These incidents are as disturbing as they are unnecessary and unlawful.”

Individuals who were not participants in the protests were also caught in officers’ crosshairs, many as they commuted to work, the attorney general added.

Rayne Valentine was one of those New Yorkers, James said. Valentine had just come off a shift at a local hospital and was walking home when he said he

was beaten by city police.

“I was viciously attacked and beaten by the very people who are supposed to protect me and our communities,” Valentine said, adding that he had to return to the hospital for medical attention. Valentine needed stitches for a gash on his head as a result of the police interaction.

“We also cannot underscore the horrifying thought that people providing essential services were harassed and arrested without probable cause” despite being exempt from the city curfew that was implemented during the height of protests last summer, James said.

The attorney general is seeking a court order to declare the practices unconstitutional and to direct substantial policy changes.