NPA Seeks DOJ Review of Omar Habib Prosecution

The National Police Association has asked the U.S. Department of Justice Civil Rights Division to investigate the prosecution and conviction of former New York City Police Department officer Omar Habib. The complaint asks Assistant Attorney General for Civil Rights Harmeet K. Dhillon to assess whether New York City’s Anti-Chokehold Act was applied in a way that violated Habib’s federal constitutional rights. A Bronx jury convicted Habib on Aug. 13, 2026, of second-degree strangulation, third-degree assault and violating the 2020 ordinance. The case stemmed from the July 29, 2023, arrest of an intoxicated and disorderly individual who resisted arrest.

Constitutional Review Requested

The complaint focuses on New York City Administrative Code § 10-181 and whether its application deprived Habib of rights protected by the Fourteenth Amendment to the U.S. Constitution. The NPA says Habib was reportedly the first NYPD officer criminally prosecuted in Bronx County under the ordinance.

Eddie Hutchison, President at the National Police Association, said:

“The Constitution protects police officers just as it protects every other American. Government cannot demand that officers physically control resisting suspects and then subject those officers to criminal prosecution under standards that fail to provide fair notice of when otherwise lawful physical restraint becomes a crime. We are asking the Justice Department to determine whether that happened to Omar Habib.”

Questions on Notice and Defenses

The organization’s complaint raises questions about the ordinance’s lack of an express culpable mental state regarding the prohibited restriction of breathing or blood flow. It asks the Civil Rights Division to examine whether criminal liability in those circumstances meets federal due-process requirements for officers making split-second decisions while physically struggling with resisting arrestees.

The NPA also seeks a review of whether the law gave Habib adequate notice of when legally authorized physical restraint became criminal conduct. It has asked the division to obtain the trial record, including the charge conference, jury instructions, verdict sheet, motions and rulings, to determine whether Habib received the police justification protections contemplated by the New York Court of Appeals in Police Benevolent Association of the City of New York, Inc. v. City of New York.

Enforcement History Sought

The complaint asks the DOJ to examine enforcement of the ordinance since its enactment in 2020. The NPA wants investigators to compare Habib’s prosecution with other NYPD incidents involving alleged chokeholds, neck restraints, airway restrictions or similar uses of force, including whether those cases resulted in criminal referrals, declined prosecutions, administrative discipline or no action.

Eddie Hutchison, President at the National Police Association, said:

“If comparable incidents were routinely handled administratively while Habib was singled out for criminal prosecution, the public deserves to know why. Criminal laws cannot be enforced against police officers according to political pressure or standards that change from case to case.”

Request for Prompt Examination

The association said its complaint does not seek to revisit factual matters decided by the jury. Instead, it requests an examination of whether the process used to investigate, charge, try, convict and deprive Habib of his liberty complied with the United States Constitution. The organization requested prompt review because Habib has been convicted and post-verdict proceedings remain ongoing. The NPA’s complaint is publicly available.

Eddie Hutchison, President at the National Police Association, said:

“Accountability for genuine police misconduct and constitutional protection for accused officers are not competing principles. Police officers are entitled to due process, fair notice, lawful defenses, and equal treatment under the law. The National Police Association is asking the Civil Rights Division to determine whether Omar Habib received them.”