High Court Upholds NYC’s Prohibition of Police Chokeholds and Diaphragm Compression

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On Monday, the highest court in New York State affirmed the legality of a New York City statute that prohibits police officers from employing chokeholds or exerting pressure on an individual’s diaphragm during arrests. This ruling comes as a response to a legal challenge posed by police unions against a measure enacted subsequent to George Floyd’s demise.

The State’s Court of Appeals unanimously decreed that the statute’s wording is explicit and does not contradict another state law that already forbids chokeholds by police.

The enactment of this law in New York City is part of a nationwide trend, where multiple governments have either banned or significantly curtailed the use of chokeholds and similar methods by law enforcement, especially after Floyd’s death in 2020 due to a Minneapolis officer kneeling on his neck for an extended period.

The Police Benevolent Association of the City of New York and other law enforcement unions had filed a lawsuit against the city, arguing that the law’s terms were ambiguous regarding permissible actions during an arrest. John Nuthall, a representative for the Police Benevolent Association, expressed that although the ruling was not as anticipated, it at least brings clarity for officers regarding the law’s implications.

Nuthall stated, “The Court’s decision, albeit not what we desired, serves as a triumph to the extent that it offers our officers more precise guidance regarding the law. As per the Court’s judgment, it must be conclusively established that an officer’s action indeed ‘hindered the individual’s capacity to breathe,’ was ‘intentional,’ and was not a ‘legitimate exercise of physical force.'”

Historically, the New York Police Department has prohibited its officers from using chokeholds as a means of restraint. Additionally, there exists a state-wide law against police chokeholds, named in memory of Eric Garner, who died in 2014 after a New York Police Department officer used a chokehold on him.

Furthermore, the city’s legislation, apart from banning chokeholds, also includes a clause that forbids officers from compressing a person’s diaphragm. This kind of compression, whether by kneeling, sitting, or standing on an individual’s chest or back, can significantly impair breathing.

Frequently Asked Questions (FAQs) about NYPD Chokehold Ban

More about NYPD Chokehold Ban

• NYPD Chokehold Ban Ruling Details
• Legal Analysis of NYC’s Police Conduct Law
• Background on George Floyd’s Death and Police Reform
• Police Benevolent Association’s Stance on NYPD Law
• Eric Garner Case and Its Impact on NYPD Policies
• Nationwide Trends in Police Conduct Reform After 2020
• Understanding State vs. City Police Regulations