NYPD Commissioner Jessica Tisch is facing intense pressure from elected officials to reject a judge's recommendation to dismiss disciplinary charges against Officer Wayne Isaacs, who killed an unarmed man in a road-rage incident in 2016. The case has taken a circuitous path through the courts and city's disciplinary system, with Isaacs initially being indicted by a Brooklyn grand jury for murder and manslaughter, only to be acquitted in 2017.
However, the Civilian Complaint Review Board recently substantiated three new charges of improper use of force against Isaacs, setting up another attempt at discipline. The case revolves around a key legal issue: whether Isaacs can claim he was acting as an NYPD officer when he shot Small, despite successfully arguing the opposite in federal court to secure indemnification from the city.
The NYPD departmental trial judge, Rosemarie Maldonado, recommended dismissing the charges due to federal precedent requiring specific actions by an off-duty officer to be considered "under color of law." However, the Civilian Complaint Review Board and advocates argue that Isaacs cannot claim he was acting as a police officer to defend himself from liability while also claiming he wasn't doing so to evade discipline.
Elected officials, including Public Advocate Jumaane Williams and Council Speaker Adrienne Adams, have signed a letter demanding that Tisch reject Maldonado's recommendation. The signatories urge her to consider the new direction Mayor-elect Zohran Mamdani has campaigned on for policing in America's largest city.
Tisch's decision could signal whether advocates' hopes for giving civilian watchdogs greater jurisdiction over police discipline will be realized under a new administration. A disciplinary trial is scheduled for November 19 if Tisch allows it to proceed, and her decision could provide an early indication of how she and the incoming Mamdani administration will handle police accountability cases.
The case has sparked tension between the NYPD and civilian watchdogs, with some arguing that the Civilian Complaint Review Board's actions are part of a coordinated campaign to take control of the NYPD. The Police Benevolent Association President Patrick Hendry praised Maldonado's recommendation, claiming that CCRB is overstepping its authority.
As Tisch navigates this complex case, she must balance her commitment to discipline with the competing demands from elected officials and police union representatives. Her decision will have significant implications for policing in New York City and could shape the course of accountability reforms under a new administration.
However, the Civilian Complaint Review Board recently substantiated three new charges of improper use of force against Isaacs, setting up another attempt at discipline. The case revolves around a key legal issue: whether Isaacs can claim he was acting as an NYPD officer when he shot Small, despite successfully arguing the opposite in federal court to secure indemnification from the city.
The NYPD departmental trial judge, Rosemarie Maldonado, recommended dismissing the charges due to federal precedent requiring specific actions by an off-duty officer to be considered "under color of law." However, the Civilian Complaint Review Board and advocates argue that Isaacs cannot claim he was acting as a police officer to defend himself from liability while also claiming he wasn't doing so to evade discipline.
Elected officials, including Public Advocate Jumaane Williams and Council Speaker Adrienne Adams, have signed a letter demanding that Tisch reject Maldonado's recommendation. The signatories urge her to consider the new direction Mayor-elect Zohran Mamdani has campaigned on for policing in America's largest city.
Tisch's decision could signal whether advocates' hopes for giving civilian watchdogs greater jurisdiction over police discipline will be realized under a new administration. A disciplinary trial is scheduled for November 19 if Tisch allows it to proceed, and her decision could provide an early indication of how she and the incoming Mamdani administration will handle police accountability cases.
The case has sparked tension between the NYPD and civilian watchdogs, with some arguing that the Civilian Complaint Review Board's actions are part of a coordinated campaign to take control of the NYPD. The Police Benevolent Association President Patrick Hendry praised Maldonado's recommendation, claiming that CCRB is overstepping its authority.
As Tisch navigates this complex case, she must balance her commitment to discipline with the competing demands from elected officials and police union representatives. Her decision will have significant implications for policing in New York City and could shape the course of accountability reforms under a new administration.