“Grounds for reversal: The court’s order conflicts with precedent under Civil Rights Law 50-a,” city lawyers said in the paperwork.
“Courts have recognized that Civil Rights Law 50-a balances two important values — protecting the privacy of officer records and ensuring public accountability for law enforcement officers,” the city’s top lawyer, Corporation Counsel Zachary Carter, said in a statement.
They are also accusing the judge of misapplying the law.
“Grounds for reversal: The Court misapplied the law and acted in an arbitrary and capricious manner in granting release of Officer Pantaleo’s CCRB records,” Pantaleo lawyer Mitchell Garber wrote.
The judge however, argued that his disciplinary record is not part of his private personnel file, since they are held by the CCRB, which is a third party.
She also stated, “any adverse reactions expressed toward Mr. Pantaleo have their roots in the video of the incident, which speaks for itself, and … in the Staten Island Grand Jury’s subsequent decision not to indict him.”
The Legal Aid Society, who sued the Civilian Complaint Review Board for Pantaleo’s records, has stated that they are not looking for full details regarding any incidents. They are simply seeking the number of substantiated grievances filed against the officer and what the response to each was from the CCRB.
The group believes that the release will force a conversation that can help to improve the department’s investigative and disciplinary systems.
