US News
Syracuse University intervenes to limit police records in 1987 rape lawsuit
A state judge restricted access to off-campus crime records in a lawsuit filed under New York's Adult Survivors Act, prompting an appeal by the plaintiff.
The short version
- Syracuse University lawyers successfully persuaded a New York state judge to restrict the police records a former student can obtain for her lawsuit regarding a 1987 campus rape.
- The ruling limits disclosures to on-campus incidents, excluding surrounding area records, and directs the university to assist police in identifying relevant files.
- The plaintiff appealed the decision to a state appellate court in June, arguing the restrictions create a conflict of interest by letting the university act as an evidentiary gatekeeper.
- Syracuse University has until September 23 to file its response to the appeal.
Key facts
- A former Syracuse University student sued the school under New York's Adult Survivors Act over a February 27, 1987, knife-point sexual assault inside a campus music building.[ProPublica]
- University lawyers filed a motion to partially quash a subpoena after the Syracuse Police Department initially agreed to provide records of area crimes from 1982 to 1987.[ProPublica]
- State Supreme Court Judge Joseph Lamendola ruled in favor of the university in February, limiting disclosures to on-campus crimes and excluding off-campus locations such as Thornden Park.[ProPublica]
- The plaintiff's legal team filed an appellate brief in late June challenging the ruling and the decision to allow university personnel to assist in filtering the police files.[ProPublica]
- Syracuse University filed a third-party civil complaint against Michael McKinney, a onetime suspect in the 1987 attack who was never prosecuted for it, seeking to reduce its financial liability if found negligent.[ProPublica]
What remains uncertain
- It remains uncertain how the state appellate court will rule on the plaintiff's challenge to the records restriction.[ProPublica]
- The court has not yet acted on Syracuse University's request to find Michael McKinney in default on its third-party complaint.[ProPublica]