New York Attorney General, Letitia James, has filed a lawsuit against the New York Police Department (NYPD), its leadership, and New York City Mayor Bill de Blasio. In the lawsuit, James highlights the NYPD and the city leadership's unjust treatment of protesters over the past summer. James specifically points to the treatment of protestors as they took to the streets to condemn police violence against unarmed African Americans.

James highlights that the NYPD used excessive force with protesters and that the tactics used by the NYPD not only were unjust but resulted in significant injuries for many peaceful protesters. James also alleges that the NYPD violated the rights of the protesters in that they were not allowed to peacefully assemble and exercise their basic rights of free speech.

While the lawsuit primarily focuses on the events of May 2020, James also highlights prior events that paint a picture of repeated excessive force demonstrated on peaceful protesters. In a statement shared by Attorney General James, she explains,

“There is no question that the NYPD engaged in a pattern of excessive, brutal, and unlawful force against peaceful protesters. Over the past few months, the NYPD has repeatedly and blatantly violated the rights of New Yorkers, inflicting significant physical and psychological harm and leading to great distrust in law enforcement. With today’s lawsuit, this longstanding pattern of brutal and illegal force ends. No one is above the law — not even the individuals charged with enforcing it.”

James Cites Excessive Police Tactics

One method of unjust excessive force implemented by NYPD officers that James refers to several times is “kettling.” This tactic was used throughout protests in New York City and across the nation when organizations like Black Lives Matter took to the street to fight against social and racial injustice.

The tactic involves circling a group of protesters and eventually containing them in one area so that they can be apprehended or detained. The lawsuit highlights one instance on June 4th, 2020 in which a group of protesters was apprehended during a peaceful demonstration on city streets. The lawsuit states, “at least 249 individuals present at this intersection were arrested for violating curfew, and numerous protesters were shoved or hit with batons.”

Along with "kettling," James describes other unnecessary and unjustifiable uses of force that included pepper spray, using a baton against protestors, and even using bicycles to contain and push back against protesters.

Police Response to Summer Protests Criticized after Capitol Hill riot

The lawsuit comes after a social outcry over the Capitol Police's handlin of the alleged white supremacist, far-right rioters who stormed the Capitol building on January 6th. During the insurrection, not only was there a lack of police presence even though authorities knew a protest was scheduled to take place days in advance, but the limited police presence that was there did not respond as aggressively as other police forces had during the summer protest on racial and social injustice.

Critics of systemic racism in American highlight how two similar events, the summer protests and the Capitol Hill riot, were met with very different police tactics and how it is yet another example of systemic racism being prevalent in our nation.

As part of the lawsuit, Attorney General James is calling for the city to undergo systemic reform and that this reform be overseen by an independent monitor.

City Leadership Responds to Lawsuit

Although Mayor de Blasio is on the receiving end of a lawsuit, he has shared in a statement that he met with Attorney General James and that the two share a “common goal: Continue to drive major police reforms.”

A spokesman for the New York City Police Department also shared a statement with NBC that explains the NYPD “welcomes reform and has embraced the recent suggestions by both the city’s Department of Investigation and the city’s Law Department.”