The Legal Aid Society filed a lawsuit against the New York City Police Department (NYPD) over the Department’s policy and practice of indiscriminately handcuffing every person accused of a crime during their arraignment, a court proceeding at which the person faces a judge for the first time to determine whether they will be released or jailed pending trial.

Appearing before a judge in handcuffs unfairly characterizes people as dangerous and untrustworthy, undermining their presumption of innocence and the integrity of the judicial system. The lawsuit seeks to end this practice.

The NYPD’s arraignment handcuffing policy robs primarily people of color of the dignity and self-respect of appearing in court as a free and innocent person, and it dehumanizes court users who, without the use of their hands, must rely on attorneys or court staff to pull their pants up, wipe their noses, or hold them upright should they have mobility impairments.

“The NYPD’s practice of marshalling New Yorkers merely accused of a crime into court, arms bound behind their backs, for their first appearance before a judge undermines their constitutional right to the presumption of innocence and due process,” said Lindsey Smith, an attorney with the Criminal Law Reform’s Special Litigation Unit at Legal Aid.

“Judges who preside over arraignments, like any other human being, are susceptible to implicit bias when an NYPD officer chooses to force a person to be arraigned in handcuffs,” they continued. “The decisions made during arraignment, including whether to deprive someone of their freedom for months – or sometimes years – while they await trial, are critical and should not be influenced by the NYPD’s handcuffing policy.”

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