Anonymous ID: 625f7a June 23, 2021, 8:50 a.m. No.13964596   🗄️.is 🔗kun   >>4620

 

Huge win for police: NY Supreme Court throws out NYC chokehold law, rules it “unconstitutional”

 

NEW YORK, NY- In a ruling for common sense, the rule of law and a win for the good guys, a New York Supreme Court Justice on Tuesday ruled New York City’s anti-chokehold law—otherwise known as the “diaphragm law”—unconstitutional, according to court documents reviewed by the New York Post.

 

Supreme Court Justice Laurence Love issued the ruling, the latest development in a near year-long legal battle that was initiated by a coalition of 18 police unions.

 

The unions challenged a section of the new measure that prohibits maneuvers that would press a suspect’s diaphragm.

 

Love agreed with the unions, finding that they had “demonstrated that Section 10-181 is unconstitutionally vague as the phrase ‘compresses the diaphragm’ cannot be adequately defined as written.”

 

“It is this Court’s sincere hope that the New York City Council will revisit the issue to address this vital matter,” he continued.

 

A spokesman for the New York City law department said that the city was “reviewing its legal options.”

 

The measure was passed by the city council and signed into law by Mayor Bill de Blasio last July and would allow prosecutors to file misdemeanor charges against officers if they used the technique during an arrest that restricted the person’s breathing “in any way.”

 

Police unions argued the law “criminalize[d] the lawful use of force” and presented a safety issue not only to officers but to the public as well.

 

The bill was among a number of kneejerk bills passed by cities across the country in response to the death of George Floyd, a Minneapolis man who died when a combination of fentanyl and methamphetamine intoxication mixed with a heart condition and positional asphyxia led to his death. Former Minneapolis officer Derek Chauvin was convicted of second- and third-degree murder in his death.

 

https://www.lawenforcementtoday.com/new-york-state-supreme-court-rules-nyc-chokehold-bill-unconstitutional/?