The Legal Aid Society filed a lawsuit against the NYPD for handcuffing almost all individuals during their first court appearance, arguing that it violates their civil rights and is dehumanizing. The lawsuit contends that the policy disproportionately affects people of color, including those with disabilities and children. Despite past pushback and policy changes by the NYPD, the practice of handcuffing individuals at arraignments continues. The lawsuit seeks to invalidate the policy and require individualized judicial findings for handcuffing. Former law enforcement officials defend the policy as necessary for safety. The lawsuit highlights the potential long-term consequences of arraignments and the impact on defendants, particularly those from marginalized communities.
The New York City Police Department (NYPD) has come under fire for its practice of handcuffing nearly all individuals during their first court appearance, a move that has been condemned as a violation of defendants’ civil rights. The Legal Aid Society, the city’s largest public defender group, has filed a class-action lawsuit challenging this policy, arguing that it goes against the due process standards outlined in the U.S. Constitution and is dehumanizing to individuals who are presumed innocent until proven guilty.
The lawsuit, filed in Manhattan Supreme Court, highlights the case of Jarret Allen, a 24-year-old from Harlem who was handcuffed during his arraignment despite being slated for imminent release and having no prior criminal record. The Legal Aid Society asserts that the handcuffing policy disproportionately impacts people of color, with more than 80% of those arrested in New York City being Black or Hispanic according to the NYPD.
In addition to the racial disparities, the lawsuit points out that individuals with physical disabilities and even children whose cases are later transferred to Family Court have also been subjected to handcuffing. This has placed additional burdens on Legal Aid lawyers, who have had to assist clients with basic tasks like wiping their noses or adjusting their clothing due to the handcuffs.
The lawsuit traces the origins of the handcuffing policy to around 2021 when the NYPD began presumptively handcuffing individuals transported to arraignment. Despite a temporary rescinding of the policy in 2023, the NYPD allegedly reinstated the practice in May 2024, prompting the Legal Aid Society to take legal action. The public defenders are seeking to invalidate the NYPD’s policy and prohibit the handcuffing of individuals during arraignment without a specific judicial determination of necessity.
One former law enforcement labor leader defended the handcuffing policy on grounds of courtroom safety, arguing that judges have the discretion to make fair assessments of each case. However, the Legal Aid Society maintains that the handcuffing practice sends a negative message and unfairly targets marginalized communities.
The lawsuit emphasizes the significant impact that arraignment hearings can have on the outcomes of criminal cases, noting that judges have the authority to decide on pretrial detention, bail, or supervised release based on the arraignment proceedings. The Legal Aid Society is pushing for a more individualized approach to the use of restraints in court, advocating for judges to make informed decisions based on the specific circumstances of each case.
While not all individuals are handcuffed during arraignment, the Legal Aid Society is specifically challenging the NYPD’s policy that applies to individuals transported to court by law enforcement. The organization asserts that this policy results in a disproportionate number of Black and Hispanic individuals being handcuffed, highlighting the broader systemic inequalities within the criminal justice system.
In conclusion, the Legal Aid Society’s lawsuit against the NYPD’s handcuffing policy underscores the need for fair and equitable treatment of individuals within the criminal justice system. By advocating for a more nuanced and individualized approach to the use of restraints in court, the organization aims to uphold defendants’ civil rights and combat racial disparities in law enforcement practices.
Source: TheCity.NYC
