08/30/2007

NYPD officer loses bid to carry gun

By Dareh Gregorian
The New York Post

NEW YORK A cop involved in the infamous shooting death of Amadou Diallo isn't entitled to get his gun back, a federal judge has ruled.

Kenneth Boss, acquitted of criminal charges and cleared of wrongdoing by the NYPD Firearms Discharge Review Board, said in his Manhattan federal court suit that being deprived of a gun has led to his being "regarded as a pariah" and "forced to endure regular taunts because of his duty status," including "the mocking moniker 'Kenny No-Gun.' "

He charged that Police Commissioner Ray Kelly's decision not to let him carry a gun is a violation of his constitutional rights.

Judge Sidney Stein disagreed, noting the commisioner has the power to prevent ordinary citizens from carrying guns and therefore can prevent one of his employees from being armed.

Responding to a previous failed bid in state court, Kelly filed an affidavit saying he didn't want Boss armed because if he ever had to shoot, "he and the department would be inappropriately subjected to prejudgment."

Boss' lawyer, Ed Hayes, vowed to appeal. "I'm never going to stop trying," Hayes said.

Boss was one of four cops who unleashed a hail of gunfire on an unarmed Diallo on Feb. 4, 1999.

Copyright 2007 The New York Post

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