Troopers union is suing city over chokehold ban
ALBANY — Concerns about New York City’s recently enacted police reforms, including legal liability for physical harm, triggered the New York state troopers union to sue the city, claiming the law prevents members from doing their jobs.
The city measure at the heart of the suit bans the use of chokeholds, which were already outlawed at the state level, but adds language holding cops culpable for “sitting, kneeling or standing on the chest or back in a manner that compresses the diaphragm.”
That means a cop can face a misdemeanor charge if he or she uses any move during an arrest that restricts breathing.
“This ill-conceived, kneejerk reaction by lawmakers has left our members vulnerable to criminal and civil liabilities for doing the job they were trained to do,” said Thomas Mungeer, New York State Troopers Police Benevolent Association president.
The suit, filed Wednesday in
Manhattan Supreme Court, argues that the statute conflicts with and affects the ability of the state police superintendent to make rules and regulations for disciplining troopers.
It also conflicts with trooper training and would tie the hands of cops whose jurisdiction doesn’t end at the city line.
“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.
In recent years, Gov. Cuomo has upped the number of troopers stationed in the city. About 200 troopers and investigators are assigned to work in the city.
Last month, before Mayor de Blasio signed the bill, Mungeer called for all troopers to be pulled from the city over the reforms.
A separate suit was filed last week by 18 unions representing cops with the NYPD, Port Authority, MTA, courts and city district attorneys’ offices.