CCRB files of NYPD officers
| Tracking # |
2020-054-00132 |
| Submitted | June 12, 2020 |
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Communications
From: Avinash Samarth
To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
The full and entire Civilian Complaint Review Board ("CCRB") file, including without limitation any and all documents describing:
A. Substantiated complaints;
B. Unsubstantiated complaints;
C. Allegations or informal or formal charges;
D. Investigation, including without limitation any and all interview transcripts, audio, video, or notes and any photos or videos of an alleged incident;
E. CCRB proceedings, including without limitation transcripts and exhibits;
F. Findings, statements, opinions, transcripts, or any other document created by any NYPD agencies, district attorney offices, or courts;
G. Correspondence, including without limitation any and all correspondence with the subject officer, any other officers, any victims or complainants, any other witnesses, and any district attorney's office;
H. Findings, including without limitation reports or memoranda or opinions of factual findings, dispositions, or analysis of conduct;
I. Recommendations for discipline; and
J. Discipline;
For the following New York Police Department ("NYPD") officers:
A. Daniel Pantaleo
B. Darryl Schwartz
C. Ronald Hobson
D. Vincent D'Andraia
E. Edward McClain
F. John Zorilla (shield #22991)
G. Miguel Frias (shield #1309)
H. Robert Jaquez
I. Maurice Harrington (shield #6286)
J. Ramon Castro
K. Brandon Gembecki (shield #1517)
L. Michael Cautillo
M. Jamel Watson
I am happy to accept each officer's file separately, should some files be available for production earlier than others.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.
Sincerely,
Avinash Samarth
From: Civilian Complaint and Review Board
Your request FOIL-2020-054-00132 has been successfully submitted to the Civilian Complaint Review Board (CCRB).
The details of your request are shown below.
Requester's Contact Information
Name:
Avinash Samarth
Title:
Not provided
Organization:
Not provided
Email:
requests@muckrock.com (mailto:requests@muckrock.com)
Phone Number:
Not provided
Fax Number:
Not provided
Street Address (line 1):
Not provided
Street Address (line 2):
Not provided
City:
Not provided
State:
Not provided
Zip Code:
Not provided
You can view the request and take any necessary action at the following webpage: https://a860-openrecords.nyc.gov/request/view/FOIL-2020-054-00132. (https://a860-openrecords.nyc.gov/request/view/FOIL-2020-054-00132)
From: Civilian Complaint and Review Board
The Civilian Complaint Review Board (CCRB) has acknowledged your FOIL request FOIL-2020-054-00132. (https://a860-openrecords.nyc.gov/request/view/FOIL-2020-054-00132) You can expect a response on or about Monday, November 2, 2020.
Additional Information:
Due to the COVID-19 pandemic and an influx of requests due to the repeal of 50-a, responses to FOIL requests may take longer than usual.
Please visit FOIL-2020-054-00132 to view additional information and take any necessary action. (https://a860-openrecords.nyc.gov/request/view/FOIL-2020-054-00132)
From: Avinash Samarth
Hello,
It has been six business days and I have not received any indication of an approximate date by which the CCRB will respond to the request, as required by law. Could you please provide me with an estimate?
Thank you,
Avinash Samarth
From: Avinash Samarth
Thank you for your response. I am very concerned about the estimated date for production of these records, particularly because I am requesting files that should already be compiled. Is there any way I can limit or restructure the request to make it easier for you to produce these files earlier?
From: Avinash Samarth
Hello,
I am following up on this request. I am concerned that you will take over four months to respond to this request. If there's anything I can do to narrow the request to make it easier for production, please let me know. You can reach me at avinash@nsbcivilrights.com.
Sincerely,
Avinash Samarth, Esq.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on June 12, 2020. You previously indicated that it would be completed on Nov. 2, 2020. I wanted to let you know that I am still interested in the following documents, and to see if that date was still accurate. You had assigned it reference number #2020-054-00132.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on June 12, 2020. You previously indicated that it would be completed on Nov. 2, 2020. I wanted to let you know that I am still interested in the following documents, and to see if that date was still accurate. You had assigned it reference number #2020-054-00132.
Thanks for your help, and let me know if further clarification is needed.
From: Civilian Complaint and Review Board
The Civilian Complaint Review Board (CCRB) has extended the time to respond to your FOIL request FOIL-2020-054-00132 for the following reasons: (https://a860-openrecords.nyc.gov/request/view/FOIL-2020-054-00132) You can expect a response on or about Wednesday, March 17, 2021.
Additional Information:
Due to the ongoing litigation in Uniformed Fire Officers Association, et. al. v. Bill de Blasio, et. al., 20-cv-05441-KPF, additional time is required to review the records and determine what information can be released.
Please visit FOIL-2020-054-00132 to view additional information and take any necessary action. (https://a860-openrecords.nyc.gov/request/view/FOIL-2020-054-00132)
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on June 12, 2020. You previously indicated that it would be completed on March 17, 2021. I wanted to let you know that I am still interested in the following documents, and to see if that date was still accurate. You had assigned it reference number #2020-054-00132.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on June 12, 2020. You had previously indicated that it would be completed on March 17, 2021. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #2020-054-00132.
Thanks for your help, and let me know if further clarification is needed.
From: Civilian Complaint and Review Board
The Civilian Complaint Review Board (CCRB) has extended the time to respond to your FOIL request FOIL-2020-054-00132 for the following reasons: (https://a860-openrecords.nyc.gov/request/view/FOIL-2020-054-00132) You can expect a response on or about Thursday, March 17, 2022.
Additional Information:
Please be advised that the CCRB has an extreme backlog of FOIL requests that have been accumulating since July 2020 when the Court imposed a stay in Uniformed Fire Officers Association, et. al. v. Bill de Blasio, et. al., 20-cv-05441-KPF. You have requested a substantial number of case files. We appreciate your patience and will get to your request as soon as feasible.
You can look up the officers' CCRB histories here: https://www1.nyc.gov/site/ccrb/policy/MOS-records.page
If you can provide specific case numbers for which you would like additional documents or can otherwise be more specific in your request, we may be able to fill it more quickly. Additionally, if you are willing to accept written summaries of interviews in lieu of the actual recordings, that may also speed up the processing.
If you no longer seek some or all of these records or otherwise wish to amend your request, please send an email stating such to FOIL@ccrb.nyc.gov.
Please visit FOIL-2020-054-00132 to view additional information and take any necessary action. (https://a860-openrecords.nyc.gov/request/view/FOIL-2020-054-00132)
From: Avinash Samarth
Could you first send me the written summaries of interviews as a provisional response, and then send me the actual recordings later? As I mentioned in my June 17, 2020 request, I am happy to accept files on a rolling basis.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on June 12, 2020. You had previously indicated that it would be completed on March 17, 2021. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #2020-054-00132.
Thanks for your help, and let me know if further clarification is needed.
From: Civilian Complaint and Review Board
Mr. Samarth,
I received your letter requesting an updated date that your request will be fulfilled. In the correspondence sent in March 2021, the date March 17, 2022 was provided. As noted in that correspondence, the CCRB has an extreme backlog of FOIL requests that accumulated from July 2020 when the Court imposed a stay in Uniformed Fire Officers Association, et. al. v. Bill de Blasio, et. al., 20-cv-05441-KPF. This stay was not lifted until March 2021. We appreciate your patience.
Sincerely,
Jacqueline Levy, Esq.
Records Access Officer
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on June 12, 2020. You had previously indicated that it would be completed on March 17, 2021. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #2020-054-00132.
Thanks for your help, and let me know if further clarification is needed.
From: Civilian Complaint and Review Board
The request was extended with a due date of March 17, 2022. At this time, a partial production will be provided. Given the extensive amount of records you have requested, it will take a lot of time to locate and review these records. If you would like to receive your records more quickly, please narrow your request. For example, some of the things that will take the most time are audio and video records and investigative materials. If you would like the complaint report, investigative report, and trial transcript (in cases that went to trial), we would be able to provide those more quickly. Please reach out to us at foil@ccrb.nyc.gov to discuss refining your request.
Sincerely,
Jacqueline Levy, Esq.
Records Access Officer
From: Civilian Complaint and Review Board
The Civilian Complaint Review Board (CCRB) has responded to your FOIL request FOIL-2020-054-00132 with the following file(s). (https://a860-openrecords.nyc.gov/request/view/FOIL-2020-054-00132) NOTE: You must be logged in to your OpenRecords account to access the file(s). If you are not logged in, you will be prompted to do so when the link is selected. The file(s) listed below will not be publicly available on the OpenRecords portal.
* Complaint Reports Part 1: Complaint_Reports.zip (https://a860-openrecords.nyc.gov/response/2083707)
* Closing Reports Part 1: Closing_Reports.zip (https://a860-openrecords.nyc.gov/response/2083708)
Please visit FOIL-2020-054-00132 to view additional information and take any necessary action. (https://a860-openrecords.nyc.gov/request/view/FOIL-2020-054-00132)
From: Civilian Complaint and Review Board
The Civilian Complaint Review Board (CCRB) has extended the time to respond to your FOIL request FOIL-2020-054-00132 for the following reasons: (https://a860-openrecords.nyc.gov/request/view/FOIL-2020-054-00132) You can expect a response on or about Tuesday, September 6, 2022.
Additional Information:
Uploaded to OpenRecords are 56 complaint reports and 27 closing reports pertaining to the requested officers. Please be advised that the records pertaining to PO Pantaleo, complaint number 201407229 are publicly available online in the documents filed in Pantaleo v. O’Neill, New York County Clerk Index #101662/2019, Appellate Case No. 2020-02629.
Additional time is required to locate and review additional records responsive to your request.
Please advise whether the complaints reports and closing reports for the requested officers will satisfy your request or which additional records are still being sought.
Please visit FOIL-2020-054-00132 to view additional information and take any necessary action. (https://a860-openrecords.nyc.gov/request/view/FOIL-2020-054-00132)
From: Civilian Complaint and Review Board
The Civilian Complaint Review Board (CCRB) has responded to your FOIL request FOIL-2020-054-00132 with the following file(s). (https://a860-openrecords.nyc.gov/request/view/FOIL-2020-054-00132) NOTE: You must be logged in to your OpenRecords account to access the file(s). If you are not logged in, you will be prompted to do so when the link is selected. The file(s) listed below will not be publicly available on the OpenRecords portal.
* 2020-00132 Closing Reports 9.6.2022 Production: 2020-00132_Closing_Reports_9.6.2022_Production.zip (https://a860-openrecords.nyc.gov/response/2389150)
Please visit FOIL-2020-054-00132 to view additional information and take any necessary action. (https://a860-openrecords.nyc.gov/request/view/FOIL-2020-054-00132)
-
2020-00132_Closing_Reports_9.6.2022_Production
From: Civilian Complaint and Review Board
The Civilian Complaint Review Board (CCRB) has extended the time to respond to your FOIL request FOIL-2020-054-00132 for the following reasons: (https://a860-openrecords.nyc.gov/request/view/FOIL-2020-054-00132) You can expect a response on or about Friday, March 3, 2023.
Additional Information:
Uploaded to OpenRecords are 18 closing reports pertaining to the requested officers. Please be advised that the records pertaining to PO Pantaleo, complaint number 201407229 are publicly available online in the documents filed in Pantaleo v. O’Neill, New York County Clerk Index #101662/2019, Appellate Case No. 2020-02629.
Due to the numerous records potentially responsive to your request, additional time is required to locate and review additional records that are responsive. If the records provided thus far satisfy your request or if you wish to amend your request, please send an email stating such to FOIL@ccrb.nyc.gov.
Please visit FOIL-2020-054-00132 to view additional information and take any necessary action. (https://a860-openrecords.nyc.gov/request/view/FOIL-2020-054-00132)
From: Civilian Complaint and Review Board
The Civilian Complaint Review Board (CCRB) has extended the time to respond to your FOIL request FOIL-2020-054-00132 for the following reasons: (https://a860-openrecords.nyc.gov/request/view/FOIL-2020-054-00132) You can expect a response on or about Wednesday, October 11, 2023.
Additional Information:
Please let us know if the records provided thus far satisfy your request. We provided the closing reports and complaint reports responsive to your request on 3/17/2022 and 9/6/2022. We also mentioned that records pertaining to PO Pantaleo, complaint number 201407229 are publicly available online in the documents filed in Pantaleo v. O’Neill, New York County Clerk Index #101662/2019, Appellate Case No. 2020-02629.
If you are seeking additional records, please identify which ones you are looking for and from which complaint number. CCRB's subject matter list of records is available here: https://www.nyc.gov/assets/ccrb/downloads/pdf/about_pdf/2023_FOILSubject%20Matter%20List.pdf
If at any point you no longer seek these records or otherwise wish to amend your request, please send an email stating such to FOIL@ccrb.nyc.gov.
Please be advised that if you are seeking any audio or video files, the date above may be extended as those records are particularly time and technology intensive.
Please be advised that if we do not hear from you by the date above we will close out this request and mark it has completed.
Please visit FOIL-2020-054-00132 to view additional information and take any necessary action. (https://a860-openrecords.nyc.gov/request/view/FOIL-2020-054-00132)
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on June 17, 2020. You previously indicated that it would be completed on Oct. 11, 2023. I wanted to let you know that I am still interested in the following documents, and to see if that date was still accurate. You had assigned it reference number #2020-054-00132.
Thanks for your help, and let me know if further clarification is needed.
From: Civilian Complaint and Review Board
You will receive the remaining complaint reports and closing reports that are responsive to your request by tomorrow.
Are there any other records you are seeking or will the complaint reports and closing reports satisfy your request.
Sincerely,
Jacqueline Levy, Esq.
(she/her)
Records Access Officer
NYC Civilian Complaint Review Board
100 Church Street, 10th Floor
New York, NY 10007
FOIL@ccrb.nyc.gov
http://www.nyc.gov/ccrb
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on June 17, 2020. You had previously indicated that it would be completed on Oct. 11, 2023. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #2020-054-00132.
Thanks for your help, and let me know if further clarification is needed.
From: Civilian Complaint and Review Board
The Civilian Complaint Review Board (CCRB) has responded to your FOIL request FOIL-2020-054-00132 with the following file(s). (https://a860-openrecords.nyc.gov/request/view/FOIL-2020-054-00132) NOTE: You must be logged in to your OpenRecords account to access the file(s). If you are not logged in, you will be prompted to do so when the link is selected. The file(s) listed below will not be publicly available on the OpenRecords portal.
* All Complaint Reports: 2020-00132_All_Complaint_Reports.zip (https://a860-openrecords.nyc.gov/response/3142720)
* All Closing Reports: 2020-00132_All_Closing_Reports.zip (https://a860-openrecords.nyc.gov/response/3142721)
Please visit FOIL-2020-054-00132 to view additional information and take any necessary action. (https://a860-openrecords.nyc.gov/request/view/FOIL-2020-054-00132)
From: Civilian Complaint and Review Board
The Civilian Complaint Review Board (CCRB) has extended the time to respond to your FOIL request FOIL-2020-054-00132 for the following reasons: (https://a860-openrecords.nyc.gov/request/view/FOIL-2020-054-00132) You can expect a response on or about Thursday, November 9, 2023.
Additional Information:
Uploaded to OpenRecords are 79 complaint reports and closing reports for the requested officers. This includes records previously provided to ensure completeness.
If you are seeking additional information after reviewing the provided documents, please specify the records and complaint numbers sought. The CCRB's subject matter list can be found here: https://www.nyc.gov/assets/ccrb/downloads/pdf/about_pdf/2023_FOILSubject%20Matter%20List.pdf. If we do not hear from you by the above date seeking additional records, your request will be closed as complete. If you do request additional records, a date by which those records can be produced will be provided at that time.
Please visit FOIL-2020-054-00132 to view additional information and take any necessary action. (https://a860-openrecords.nyc.gov/request/view/FOIL-2020-054-00132)
From: Civilian Complaint and Review Board
The Civilian Complaint Review Board (CCRB) has closed your FOIL request FOIL-2020-054-00132 for the following reasons: (https://a860-openrecords.nyc.gov/request/view/FOIL-2020-054-00132)
Your request under the Freedom of Information Law (FOIL) is denied in part and granted in part for the reasons stated below. As per our previous correspondence, I am considering your request fulfilled by the provided closing reports, which were redacted pursuant to FOIL.
The CCRB closing report does not represent the final agency determination of the Board; it is merely a recommendation by the investigator to the Board. Public Officers Law § 87(2)(g)(iii) permits the CCRB to deny access to records that are “inter-agency or intra-agency materials which are not . . . final agency policy or determinations.” Accordingly, we do not disclose CCRB work product, opinions, recommendations, advice, or records which reflect the consultative and deliberative process. Such records were redacted because they do not constitute final agency determinations.
Additionally, these reports contain information, such as names, addresses, ages, and dates of birth, and other personal identifying information as defined in Public Officers Law § 89. As a City agency, we are also subject to N.Y.C. Admin. Code § 23-1201 and are required to withhold personal identifying information to the extent permitted under FOIL. Public Officers Law § 87(2)(b) permits the CCRB to deny access to records or information that “if disclosed would constitute an unwarranted invasion of personal privacy.” Such personal identifying information has been redacted.
NYS Office of Court Administration records are exempt from FOIL under Public Officers Law §§ 86(1), 86(3), and 86(4), which define "judiciary," "agency," and "record" and state that records from agencies that are identified as judiciary are exempt from FOIL. Additionally, the CCRB has a contract with the Office of Court Administration that conditions our ability to access their records, a necessity for our investigations, on not releasing those records except as proscribed by the contract. So as to not interfere with the contract the CCRB has with the New York State Officer of Court Administration as permitted under Public Officers Law § 87(2)(c) and to comply with the defined terms of FOIL, any information obtained from the search of the Office of Court Administration’s database have been redacted.
Other redactions, such as those based on Public Officers Law §§ 87(2)(a) ("specifically exempted from disclosure by state or federal statute”), 87(2)(e) (law enforcement and investigative records), 87(2)(f) (life and safety), and 87(4-b) (technical infractions) are noted as applicable within the reports.
You may appeal the decision to deny access to material that was redacted in part or withheld in entirety by contacting the agency's FOIL Appeals Officer: foil@ccrb.nyc.gov within 30 days. (mailto:foil@ccrb.nyc.gov?subject=FOIL-2020-054-00132%20-%20Appeal)