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Feb 09, 2010 [03:35 PM]

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War Protesters Win $2Million from NYC in Big Freespeech Lawsuit

by Will
Tuesday Aug 19, 2008
Posted to Front Page Posts
52 anti-war activists will get a big payout from New York City for suffering a wrongful arrest in 2003. Bloomberg and the NYPD will pay $2 Million, out of tax payer wallets, to the 52 activists. The group was protesting outside the offices of the Carlyle Group in midtown when they were wrongfully arrested by the police. With this decision it's becoming crystal clear that the NYPD's overly aggressive policing policy is costing tax payers millions. And we haven't even gotten to all the RNC cases still pending which are bound to cost the city additional millions, the Critical Mass wrongful arrest class suit; and then numerous individual police harassment cases related to incidents like the recent one in which a cop slammed a cyclist of his bike in Time's Square. Overly aggressive policing is bad for tax payers; tax payers may want to start paying attention to how their cops are wasting their money.

Here is more from the Center for Constitutional Rights on this latest payout:

Major Victory for Free Speech Rights

August 19, 2008, New York - A group of 52 local activists today announced a $2 million settlement in their lawsuit against the City of New York. The activists were illegally arrested on April 7, 2003 while protesting against the Iraq war in front of a military contractor's offices in midtown. The settlement in Kunstler et al v. New York City follows the dismissal in 2003 of all criminal charges brought against these individuals and four costly years of delays by the City in
negotiating an end to the civil lawsuit.

"The New York Police Department violated core constitutional rights when it arrested a group of peaceful demonstrators who were lawfully protesting against the commencement of the Iraq war and those who stood to profit from it," notes Sarah Netburn, attorney with Emery Celli Brinkerhoff Abady LLP, which handled the civil rights case along with the Center for Constitutional Rights. "We are gratified by the City's decision to compensate these individuals whose targeted arrests were without probable cause and intended to quell future protest in New York City. This lawsuit, and this settlement, vindicates our clients' rights
to assemble and speak their mind free from the fear that they will be
punished for their views."

Attorneys and plaintiffs noted, however, that the City's decision to drag the case out is part of a long and disturbing pattern by which it attempts to "wear down" plaintiffs to avoid political damage, even at huge expense of tax dollars and City resources. "My question is, why did the NYPD send over 100 police in riot gear, along with vehicles to block the street and disrupt the flow of morning rush hour traffic, all to stop a legal, peaceful protest, when there are far more important matters they could be pursuing? And, why did they fight us in court so doggedly when they knew the evidence proved that we were arrested without any police orders to leave?" asked Ahmad Shirazi, a film editor and grandfather and one of the plaintiffs in the case.

An NYPD videotape of the demonstration depicts a group of demonstrators lined along the sidewalk of West 56th Street between 5th and 6th Avenues - with ample space for pedestrians - who were arrested without any police warning or opportunity to leave. The police arrested 94 people that day.

The arrests took place outside the offices of the Carlyle Group, an investment firm with ties to the Bush family and an extensive portfolio of holdings in the military-defense sector. The police tactics used that day became the model used by the NYPD during the 2004 Republican
National Convention held in New York.

At that event, thousands of activists were illegally arrested, jailed and mistreated. Lawsuits related to the police conduct at the RNC are still winding their way through the courts. NYPD officials are now consulting with police departments in Denver and Minneapolis on their plans for the 2008 Democratic and Republican Conventions.

"We hope our victory helps convince the City to stop violating people's rights as a matter of policy and stop wasting taxpayers' money doing so," said Sarah Kunstler, an attorney and filmmaker who is the daughter of the late William Kunstler, noted attorney and civil rights champion. Ms. Kunstler was acquitted after a trial of all criminal charges brought against her.


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err...no..it's a SETTLEMENT

by Phreak2112, Thursday Oct 23, 2008 [01:04 AM]
Actually, $2 million is not even close to a big payout, especially when its NYC. Divide whatever is left over between 52 plaintiffs AFTER the lawyers get their piece FIRST which is usually 1/3 the amount or in some settlement cases 1/2.

Arrested in 2003 and settled in 2008. Five years later and only after how many court appearances, time in their lawyer's offices, phone calls, late night meetings, time spent away from family and friends for a few dollars in which the law firm of Emery Celli Brinkerhoff Abady LLP get the lion share!?

And you call that a victory? Puhleeze.
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I think it's fair compensation

by , Monday Sep 14, 2009 [11:14 PM]
$2,000,000 - $666,666.67 (1/3 lawyers' fees) = $1,333,333.33 total paid out to the plaintiffs

$1,333,333.33 / 52 plaintiffs = $25,641.03 per plaintiff

That's no small chunk of change. Yes, they were wrongfully arrested. Yes, they had to go through the humiliation of being arrested in front of many bystanders. Yes, they had to wait 5 years. And yes, they probably had to make some court appearances (although, not many I would guess, as it was a class action lawsuit, meaning the lawyers did stand in for their clients for the vast majority of the time).

So I think it is a fair settlement for this situation. Had the protesters been beaten by the police and suffered permanent injuries, I would definitely agree that $25,000 is chump change.

Although, I was seriously injured in a work-related accident, had to go through months and months of painful physical therapy, and still have severe chronic pain as a result of that accident, and I only received a $75,000 settlement (so $50,000 after the lawyer's cut, so about double what these protesters received).

The problem is that we all hear so often about massive awards for frivolous lawsuits, and we think that everyone who sues gets 6 or 7 figure awards/settlements. But those really are a tiny minority of lawsuits. Most lawsuits don't get nearly as much in comparison. The huge awards and settlements are put into the spotlight by the media, and it skews the public opinion of what is expected from every lawsuit.
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2 million dollars...that's it?

by Bluzulu, Monday Jan 04, 2010 [05:13 AM]
FU**ING PIGS!!! I can't stand them! And Bloomberg...that little arrogant piece of shit bastard can go fu** himself!
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War Protesters Win $2Million from NYC in Big Freespeech Lawsuit

by laptopsbattery, Friday Jan 22, 2010 [04:28 AM]
Tags: NYPDFree Speech

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