A veteran New York Police Department detective recently filed a lawsuit against the city’s Civilian Complaint Review Board, claiming it defamed and slandered him, the New York Post reported.
Detective Salvatore Rizzo sued the review board last week after he says it wrongly accused him of displaying a racial bias during a 2020 incident involving a black teenager.
On September 27, 2020, Rizzo and other police officers noticed two individuals sleeping inside a car in a residential driveway. Rizzo pulled his gun when one of the occupants, a 17-year-old, woke up and abruptly appeared to reach for something in between the seat and the door, according to the CCRB complaint.
Rizzo instructed the teen to show his hand after he “suddenly and unexpectedly” moved it “toward the floor of the car,” according to the detective’s lawsuit. Rizzo claimed that he holstered his weapon “two or three seconds” after the teenager showed his hands. The two individuals sleeping inside the vehicle were issued a summons for having a small amount of marijuana.
In April 2022, the CCRB began disciplinary proceedings against Rizzo, claiming that he wrongfully used force “without police necessity.” Rizzo chose to go to trial instead of taking a plea agreement that would have required him to forfeit 20 days of vacation pay. He was ultimately cleared of any wrongdoing.
However, according to Rizzo, CCRB Chairwoman Arva Rice and prosecutor Nishat Tabassum continued to defame and slander him.
In a July letter to NYPD Commissioner Edward Caban, which was posted online, Tabassum wrote, “[L]et’s be clear, if [the teen] were white, [Rizzo] would not have pointed his firearm at [the teen’s] chest.”
“The only way his actions are justified is if you believe black skin is inherently dangerous,” Tabassum added.
NYPD Detectives’ Endowment Association president Paul DiGiacomo told the Post, “You lie, you defame, you should pay.”
“It’s about time CCRB lawyers and staff who lie pay the price,” he continued. “Though CCRB personnel knew the facts of the case, and knew that the detective acted reasonably and lawfully based upon his training and NYPD regulations, the decision was consciously made to destroy a career and to maliciously accuse our Detective of being racist.”
“Stop the CCRB and its personnel from filing meritless charges that often result in damaged careers, retirements, and stalled promotions,” DiGiacomo added. ”End the rogue CCRB ability to destroy careers and to slander the decent hardworking men and women who are proud to carry the NYPD Detective gold shield.”
Rizzo’s lawyer, James Moschella, stated that his client is concerned the CCRB’s actions will prevent him from working effectively as a field intelligence officer, the New York Daily News reported in December.
“He feels very strongly about this,” Moschella stated. “This has taken a real toll on his enthusiasm for the job and he feels his ability to do the job is hampered.”
This lawsuit marks the first time a police officer cleared of misconduct has taken legal action against the review board.
In a Tuesday statement, Jonathan Darche, executive director of the CCRB, told the Post, “This is not an overreach of the CCRB, this is an example of the NYPD failing to hold its officer to account for misconduct.”
“Over-policing in black neighborhoods results in different treatment for people based on their zip code,” Darche continued. “Two boys were asleep in their car parked in the driveway outside their home and 6 officers approached them for a so-called wellness check that resulted in an officer drawing his gun in seconds.”
“This lawsuit is an attempt to undermine one of the only recourses civilians have to combat police officers’ abuse of power,” he remarked. “The CCRB is exploring all its options to respond under Sections 70a and 76a of the New York State Civil Rights Law.”
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