Three NYPD sergeants have filed a lawsuit against the city alleging that they were falsely accused of cheating on a lieutenant’s exam for simply checking their phones once the exam had concluded.
According to a lawsuit filed in Manhattan Supreme Court, during the promotional exam for lieutenant in Staten Island on March 23, test takers were instructed to place their cell phones in plastic bags under their chairs. This directive was given despite state laws prohibiting the presence of electronic devices inside test sites.
During the exams, Eda Bifulco, Brent Curry, and Scott DeFalco made it a point to refrain from checking their phones. They were committed to giving their undivided attention to the task at hand. It was only after the exams had been submitted and scored that they allowed themselves to check their phones for messages from their families.
A month later, the individuals received letters in the mail from DCAS. The letters notified them of their violation and informed them that their tests would not be scored. Additionally, they were informed that they would be barred from taking any civil service exam for a period of five years.
According to the court documents, DCAS eventually retracted the five-year penalty, acknowledging that there was “ambiguity” concerning the end time.
“I spent eight months of my life fully committed to preparing for this examination, overcoming various challenges in both my personal and professional life,” stated DeFalco, a sergeant serving in the 68th Precinct based in Bay Ridge.
While he was checking his phone, he mentioned that he was looking for updates regarding his 85-year-old grandmother who was admitted to the hospital.
Curry, a sergeant in criminal intelligence, stated that he needed to make sure his 1-year-old daughter, who had developed a high fever that morning, was doing alright.
Bifulco, a housing cop in Lower Manhattan, expressed her need to check on her kids.
According to the Article 78 lawsuit, the same issue was reported at the Staten Island facility the following day. It is claimed that this particular location is the only one where officers were disqualified for using phones after the test had concluded.
The police officers are appealing to a judge to overturn the disqualifications, have their exams graded, and be included in the list for promotions. Additionally, they are requesting financial compensation and the complete benefits that they would have received if they had been chosen for the position of lieutenant when they were initially eligible.
The city has not yet responded to a request for comment.
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