A lieutenant, who is not a defendant in the suit, chimed in: “If you see a group of kids that meet that description, you’re not being racist and you’re not, what’s the word I’m looking for, stereotyping male blacks,” the lieutenant said. “I’m not saying you have to rip his coat and pants off.”
The suit alleges Birch was deprived of overtime, given undesirable assignments and had his work monitored as a result of not meeting the performance measures which the suit contends is a code word for illegal quotas.
“The powers that be are more concerned about their personal legacies than the civil rights of the citizens,” Birch’s lawyer Eric Sanders told The News.
Birch, a 16-year veteran of the force, insisted he was not targeting any specific group and simply stopped whoever he observed committing fare evasion.
“If these people (black and Hispanic teens) are not jumping over turnstiles, what am I going to do?” he argued.
Tsachas was not satisfied that the cop was making an effort to fight crime — and suggested Birch watch turnstiles while hiding.
“You’re like the fire department. You’re just waiting,” the captain said. “The proactive is not there . . . putting your hands on a limited amount of people and not the right people.”
The Birch tapes occurred during the administration of former NYPD Commissioner Raymond Kelly, when several other cops also stepped forward to complain about quotas for arrests, summonses and stop-and-frisks. A Manhattan federal judge found Kelly’s stop-and-frisk strategy was being illegally carried out, which led to the appointment of a court-appointed monitor.