November 21st 2023.
The New York Police Department recently suffered a major blow when the state's appeals court decided to uphold the city's ban on police use of chokeholds. The ruling was passed despite the challenge from the Police Benevolent Association of the City of New York and 16 other law enforcement unions, who called the law unconstitutional.
The decision was made in the wake of the deaths of Eric Garner in New York and George Floyd in Minneapolis, when police were accused of using excessive force during their arrests. The Court of Appeals found that the language of the law was clear and gave enough notice of the conduct prohibited.
However, the police unions argued that it would be difficult for officers to assess the pressure applied on a person's chest or back and whether it would cause difficulty in breathing. The Court of Appeals disagreed, saying that the law explicitly forbids officers from compressing a person's diaphragm, including kneeling, sitting, or standing on a person's chest or back.
The Court's decision also stated that both private citizens and law enforcement officers have long been required to gauge the impact of physical force used against others to ensure their use of force is within the legal provisions. John Nuthall, spokesman for the Police Benevolent Association, said in a statement that while the outcome was not what they had hoped for, the Court's decision would provide officers with greater certainty when it comes to the statute.
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