NYPD PAID OUT $30 MILLION IN MISCONDUCT CASES BEFORE LITIGATION IN FIRST NINE MONTHS OF 2023

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By Akela Lacy

Including the newly revealed $30 million, the NYPD paid out more than $80 million in misconduct cases so far in 2023

THE NEW YORK Police Department has been mak­ing head­lines for the huge set­tle­ments paid out by the city in mis­con­duct cas­es. In the first half of 2023, New York City paid more than $50 mil­lion in law­suits alleg­ing mis­con­duct by mem­bers of the NYPD

That fig­ure is on track to exceed $100 mil­lion by the end of the year — but even that total doesn’t cap­ture how much the city has to spend in cas­es where its cops are accused of every­thing from caus­ing car acci­dents to beat­ing inno­cent people.

The $100 mil­lion fig­ure does not include law­suits set­tled by the city pri­or to lit­i­ga­tion, which reached $30 mil­lion in the first nine months of this year, accord­ing to data obtained from the office of the New York City Comptroller through a pub­lic records request. Pre-lit­i­ga­tion set­tle­ments from July 2022 through September of this year totaled $50 mil­lion — mean­ing the city’s pay­outs in such suits since July 2022, includ­ing those set­tled after lit­i­ga­tion, rose to a total of around $280 million.

It says some­thing that it’s just such a high amount even before peo­ple get to file in civ­il court,” said Jennvine Wong, staff attor­ney with the Cop Accountability Project at the Legal Aid Society, which pro­vides pub­lic defense in New York City. ”And all it does is it helps obscure police misconduct.”

The infor­ma­tion about pre-lit­i­ga­tion set­tle­ments pro­vid­ed to The Intercept through a pub­lic records request includ­ed set­tle­ments rang­ing from $1.8 mil­lion to $119. The comptroller’s office did not have imme­di­ate­ly avail­able data on the amount paid in pre-lit­i­ga­tion set­tle­ments pri­or to July 2022. 

In response to ques­tions, an NYPD spokesper­son point­ed to a comp­trol­ler report that showed an 11 per­cent decrease in claims from 2021 to 2022, and a 52 per­cent drop in claims filed with the comp­trol­ler against the NYPD since 2013.

The NYPD care­ful­ly ana­lyzes this infor­ma­tion as well as trends in lit­i­ga­tion against the Department,” said an NYPD spokesper­son who did not pro­vide their name. “When it comes to lit­i­ga­tion data, the NYPD is see­ing sim­i­lar suc­cess in the declin­ing num­bers. There has been a near­ly 20% reduc­tion in police action fil­ings against the NYPD from 2021 to 2022, and a near­ly 65% reduc­tion since 2013.”

The report notes that while the num­ber of tort claims filed against the NYPD declined from 2021 to 2022, the amount of pay­outs increased by 14 per­cent, from $208.1 mil­lion to $237.2 million.

Earlier this year, The Intercept report­edthat a new NYPD web­site ded­i­cat­ed to “trans­paren­cy” around police mis­con­duct and pay­outs leaves out cops accused of wrong­do­ing and only cov­ers a frac­tion of the mil­lions the city pays out in such cas­es. The web­site only includes those cas­es where there are find­ings of guilt, even as the police pay out mil­lions of dol­lars pre­cise­ly to avoid con­vic­tions and oth­er find­ings of wrongdoing. 

Some of the police offi­cers left out of the trans­paren­cy data­base have been named in mul­ti­ple mis­con­duct law­suits. In some of the cas­es, rather than receiv­ing pub­lic scruti­ny through the data­base, the NYPD cops have received pro­mo­tions.