The post Interview with Darla Miles NYPD Officers Announcing Class Action Pumping Claims first appeared on ¸£Àû¼§..

FOR IMMEDIATE RELEASE

New York Civil Rights Lawyer Eric Sanders, Esq., of ¸£Àû¼§., announces NYPD Police Officers Simone Teagle, Theresa M. Mahon, Melissa Soto-Germosen, Viviana Ayende and Elizabeth Ortiz Files an EEOC Class Charge of Discrimination Regarding A ‘Nursing Mothers’ Right to ‘Express Milk’

NEW YORK, February 4, 2019 – Today, after more than eleven years of the NYPD failing to accommodate nursing mothers with ‘reasonable’ break times and a proper location to ‘express milk’ NYPD Police Officers Simone Teagle, Theresa M. Mahon, Melissa Soto-Germosen, Viviana Ayende and Elizabeth Ortiz files a Class Charge of Discrimination with the United States Equal Opportunity Commission, prelude to a federal civil rights lawsuit.

According to the charge, Charging Parties Simone Teagle, Theresa M. Mahon, Melissa Soto-Germosen, Viviana Ayende and Elizabeth Ortiz files this class charge on behalf of themselves and all similarly situated nursing mothers appointed to the Police Department City of New York (“NYPD�) who claim that since August 15, 2007, Respondent THE CITY OF NEW YORK through its agents MICHAEL RUBENS BLOOMBERG (Former Mayor); BILL de BLASIO; MARTHA H. HIRST (Former Commissioner – Department of Citywide Administrative Services); EDNA WELLS HANDY (Former Commissioner – Department of Citywide Administrative Services); STACEY CUMBERBATH (Former Commissioner – Department of Citywide Administrative Services); LISETTE CAMILO (Commissioner – Department of Citywide Administrative Services); RAYMOND WALTER KELLY (Former Commissioner – Police Department City of New York); WILLIAM JOSEPH BRATTON (Former Commissioner – Police Department City of New York) and JAMES PATRICK O’NEILL (Commissioner – Police Department City of New York) and their agents have engaged in a pattern, practice and policy of failing and refusing to provide nursing mothers with reasonable break times and a proper location to express milk.

The Charging Parties claim that under The Patient Protection and Affordable Care Act (P.L. 111-148, known as the “Affordable Care Act�) amended section 7 of the Fair Labor Standards Act (“FLSA�) to require employers to provide “reasonable break time for an employee to express breast milk for her nursing child for 1 year after the child’s birth each time such employee has need to express the milk.�

Under the Affordable Care Act, employers are also required to provide “a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk.â€� See 29 U.S.C. 207(r), says the Charging Parties.

Under the Affordable Care Act, the FLSA requirement of break time for nursing mothers to express breast milk does not preempt State Laws that provide greater protections to employees (for example, providing compensated break time, providing break time for exempt employees, or providing break time beyond 1 year after the child’s birth), according to the charge.

The Charging Parties claim that under New York State Labor Law Section 206-c guarantees nursing mothers break time to pump breast milk at work.

According to the charge, the City of New York as an employer is required but, is not in compliance with the Affordable Care Act or New York State Labor Law Section 206-c.

The Charging Parties claim that the City of New York as an employer is required but, DOES NOT inform female employees who are nursing mothers returning to work following the birth of a child about their right to take unpaid leave for pumping breast milk by placing a public poster in the workplace, promulgate a policy within the NYPD Patrol Guide or other employee handbook or notifying the individual female employees in writing.

Since August 15, 2007, the Charging Parties claim that they and other similarly situated female employees who are nursing mothers have to express milk in-front of other female employees, have to pump in a female bathroom, have to pump in the female locker room, have to pump in department vehicles, have to pump in other department facilities, have to pump in their personal vehicles, have to pump in bathrooms throughout the neighborhood, or cease to pump.

Charging Parties claim that as nursing mothers appointed to the NYPD their supervisors and co-workers subjected them to jeers, sarcastic comments, ostracization, ridicule, supervisors subjected them to extra scrutiny, extra burdens to document and prove their personal breaks, etc.

Charging Parties asserts their supervisors and co-workers subjected them to this harassment because of their statuses as nursing mothers.

Charging Parties claim that they experienced severe engorgement, Mastitis, Emotional Distress and/or cessation of their milk supply.

“These brave women are to be commended for asserting the legal rights of nursing mothers in the workplace. For more than eleven years, the NYPD totally disregarded the law, ignoring the physiological and psychological needs of nursing mothers. Fortunately, the legislators decided it’s good public policy to protect the legal rights of nursing mothers in the workplace and we intend to hold the parties responsible for completely disregarding them,â€� says lawyer Eric Sanders.

ABOUT THE SANDERS FIRM, P.C.

The Sanders Firm, P.C. offers those in the New York City area legal services related and connected to civil rights, civil service rights, criminal law and discrimination. We firmly believe in everyone’s individual rights that are described and guaranteed by the Constitution of the United States of America. We understand that our freedoms and liberties are sacrosanct and that they have been won in many and various hard-fought battles. We are committed in every way to protecting your civil rights.

CONTACT

Eric Sanders, Esq.
President and Owner, ¸£Àû¼§.
Business Phone: 212-652-2782

The post NYPD Discriminates Against ‘Nursing Mothers’: EEOC Class Charge first appeared on ¸£Àû¼§..

FOR IMMEDIATE RELEASE

New York Civil Rights Lawyer Eric Sanders, Esq., of ¸£Àû¼§., announces Auto Mechanic Vanessa Feeley Files New York City Comptroller’s Office Notice of Claim Against FDNY For Allegedly Refusing to Accommodate Her Legal Right to ‘Express Milk’  

NEW YORK, January 27, 2019 – Today, after months of being chided for ‘expressing milk’ FDNY Auto Mechanic Vanessa Feeley files New York City Comptroller’s Office Notice of Claim, prelude to a federal civil rights lawsuit.

According to the claim, Ms. Feeley files this class charge on behalf of herself and all similarly situated nursing mothers appointed to the Fire Department City of New York (“FDNY�) who claim that since August 15, 2007, The City of New York through its agents have engaged in a pattern, practice and policy of failing and refusing to provide nursing mothers with reasonable break times and a proper location to express milk.

Feeley claims that under The Patient Protection and Affordable Care Act (P.L. 111-148, known as the “Affordable Care Act�) amended section 7 of the Fair Labor Standards Act (“FLSA�) to require employers to provide “reasonable break time for an employee to express breast milk for her nursing child for 1 year after the child’s birth each time such employee has need to express the milk.�

Under the Affordable Care Act, employers are also required to provide “a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk.â€� See 29 U.S.C. 207(r), says Teagle.

Under the Affordable Care Act, the FLSA requirement of break time for nursing mothers to express breast milk does not preempt State Laws that provide greater protections to employees (for example, providing compensated break time, providing break time for exempt employees, or providing break time beyond 1 year after the child’s birth), according to the claim.

Feeley claims that under New York State Labor Law Section 206-c guarantees nursing mothers break time to pump breast milk at work.

According to the claim, the City of New York as an employer is required but, is not in compliance with the Affordable Care Act or New York State Labor Law Section 206-c.

Feeley claims that the City of New York as an employer is required but, DOES NOT inform female employees who are nursing mothers returning to work following the birth of a child about their right to take unpaid leave for pumping breast milk by placing a public poster in the workplace, promulgate a policy within the employee handbook or notifying the individual female employees in writing.

Feeley alleges that while assigned to the Fleet Services Division, since July 23, 2018, the City of New York through its agents have failed and refused to provide her and other similarly situated female employees who are nursing mothers with a proper location to express milk she has experienced severe engorgement, Mastitis, Emotional Distress and cessation of her milk supply.

On numerous occasions, Feeley claims that the City of New York through its agents refusal to provide her and other similarly situated female employees who are nursing mothers with a proper location to express milk she has to express milk in-front of male and female employees, she has to pump in a female bathroom, and she has to pump in the female locker room.

“Unfortunately, since August 15, 2007, despite the FDNY’S public declarations promoting diversity and inclusion, it remains an androcentric culture, says Eric Sanders.”

“With the filing of these legal claims, Ms. Feeley raises her voice on behalf of herself and many other silent voices of nursing mothers whose statutory rights to express milk are disregarded.”  

Eric Sanders, Esq., of ¸£Àû¼§. filed a Notice of Claim with the New York City Comptroller’s Office on January 27, 2019.

ABOUT THE SANDERS FIRM, P.C.

¸£Àû¼§. offers those in the New York City area legal services related and connected to civil rights, civil service rights, criminal law and discrimination. We firmly believe in everyone’s individual rights that are described and guaranteed by the Constitution of the United States of America. We understand that our freedoms and liberties are sacrosanct and that they have been won in many and various hard-fought battles. We are committed in every way to protecting your civil rights.

CONTACT

Eric Sanders, Esq.
President and Owner, ¸£Àû¼§.
Business Phone: 212-652-2782

###

The post FDNY Refuses to Accommodate Nursing Mechanic: Claim first appeared on ¸£Àû¼§..

FOR IMMEDIATE RELEASE

New York Civil Rights Lawyer Eric Sanders, Esq., of ¸£Àû¼§., announces the City of New York finally settles off-duty NYPD Police Officer Larry Jackson’s case for $5 million dollars after was brutally beaten inside and outside his Queens home

NEW YORK, January 2, 2019, Today, after more than eight long years and having his complaints of police brutality completely ignored, the City of New York finally settles off-duty NYPD Police Officer Larry Jackson’s case for $5 million dollars after brutally beaten inside and outside of his Queens home.

Several months ago, a Brooklyn Federal Court entered final judgment for an award of $8,089,641.11, million dollars, concluding off-duty NYPD Police Officer Larry Jackson was brutally beaten inside and outside his Queens home.

Jackson contended throughout the trial, although race as a claim was dismissed earlier by the Court, White police officers – who responded to a 911 call from his fiancee’ about a gun-wielding man who tried to crash their daughter’s birthday party – mistreated him after identifying himself.

Jackson claims he was ‘choked’ beaten with police batons, kicked and doused with pepper spray after he identified himself to the White police officers in August 2011. He sustained a fracture to his shooting hand, nerve damage, and other related injuries and will likely have to file for a disability retirement, according to the lawsuit filed in Brooklyn Federal Court.

After listening to evidence and legal arguments from both sides over two weeks, a Brooklyn federal jury awarded Jackson $12.5 million in compensatory damages and $2.6 million in punitive damages. However, during several post-trial motions, the Court affirmed the jury findings of excessive force but recommended Jackson to receive $2,750,000 in compensatory damages and $2.675, 000.00 in punitive damages. As the Court noted, “Here, defendants’ conduct was reprehensible; their actions were both violent and malicious,� Chen wrote. “This was not an act of mere negligence; it was an assault intended to cause (Jackson) significant physical and emotional harm.�

“(Their) violent and malicious assault on (Jackson) is wholly improper behavior for law enforcement officers and warrants a strong message of deterrence and censure,� she wrote.

Since the Court dismissed the City of New York, the individual officers are liable for the damages.

The Court Orders as Follows: JUDGMENT: Based on Plaintiff’s recent letter accepting remittitur and the Court’s Memoranda & Orders determining the amount of damages owed by Defendants Jesus Tellado, Stanley MacNear, John Czulada, James Gherardi, Ryann Dunn, Robert Deferrari, Kenneth Braumann, Ben Kurian, Peter Boneta, Thomas Reo, Michael Failla, and Brian Heerey (collectively “Defendants�), the Court awards (1) $2,750,000 in compensatory damages, for which Defendants are jointly and severally liable, and (2) a total of $2,675,000 in punitive damages, which is specifically awarded as follows: (a) $300,000 against Tellado; (b) $300,000 against MacNear; (c) $275,000 against Czulada; (d) $150,000 against Gherardi; (e) $150,000 against Dunn; (f) $250,000 against Deferrari; (g) $50,000 against Braumann; (h) $400,000 against Kurian; (i) $125,000 against Boneta; (j) $275,000 against Reo; (k) $350,000 against Failla; and (l) $50,000 against Heerey. The Court also awards $2,664,641.10 in pre-judgment interest, which was calculated on the total damages award of $5,425,000 for the period between the earliest ascertainable date a cause of action existed, i.e., August 21, 2010, and the date of final judgment, i.e., February 3, 2016, at a statutory rate of nine percent per annum. N.Y. C.P.L.R. 5001. Thus, Defendants are liable for a total $8,089,641.11. The entry of this judgment closes the case.

Jackson’s attorney Eric Sanders said that the cops who attacked his client should be punished.

“The city finally reaffirmed the jury’s and court’s decisions loud and clear about the department’s dirty little secret,� Sanders said about the attack on Jackson. “Now, what’s the department going to do? Hold these out of control officers legally accountable for violating Mr. Jackson’s civil rights?�

ABOUT THE SANDERS FIRM, P.C.

¸£Àû¼§.  offers those in the New York City area legal services related and connected to civil rights, civil service rights, criminal law and discrimination. We firmly believe in everyone’s individual rights that are described and guaranteed by the Constitution of the United States of America. We understand that our freedoms and liberties are sacrosanct and that they have been won in many and various hard-fought battles. We are committed in every way to protecting your civil rights. We are your voice for justice!

CONTACT

Eric Sanders, Esq.
President and Owner, ¸£Àû¼§.
Business Phone: 212-652-2782

The post Finally, City Settles NYPD Assault Case for $5 Million first appeared on ¸£Àû¼§..

New York City Civil Rights Lawyer Eric Sanders and NYPD Police Officer Simone Teagle Interview with Darla Miles Regarding ‘Chided’ For Expressing Milk

The post Interview with Darla Miles Regarding NYPD Cop ‘Chided’ For Expressing Milk first appeared on ¸£Àû¼§..

FOR IMMEDIATE RELEASE

New York Civil Rights Lawyer Eric Sanders, Esq., of ¸£Àû¼§., announces NYPD Police Officer Simone Teagle Files $5 Million Dollar Notice to Sue Chided For ‘Expressing Milk’ 

NEW YORK, October 8, 2018 – Today, after months of being chided for ‘expressing milk’ NYPD Officer Simone Teagle files $5 Million Dollar Notice to Sue with the New York City Comptroller’s Office, prelude to a federal civil rights lawsuit.

According to the claim, while assigned to the 113^th Precinct, since February 2018, the City of New York Mayor Bill de Blasio, Commissioner Lisette Camilo (Department of Citywide Administrative Services) Police Commissioner James P. O’Neill and Commanding Officer 113^th Precinct Inspector Jerry O’Sullivan has failed and refused to provide her and other similarly situated female employees who are nursing mothers with a proper location to express milk.

Teagle claims that under The Patient Protection and Affordable Care Act (P.L. 111-148, known as the “Affordable Care Act�) amended section 7 of the Fair Labor Standards Act (“FLSA�) to require employers to provide “reasonable break time for an employee to express breast milk for her nursing child for 1 year after the child’s birth each time such employee has need to express the milk.�

Under the Affordable Care Act, employers are also required to provide “a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk.â€� See 29 U.S.C. 207(r), says Teagle.

Under the Affordable Care Act, the FLSA requirement of break time for nursing mothers to express breast milk does not preempt State Laws that provide greater protections to employees (for example, providing compensated break time, providing break time for exempt employees, or providing break time beyond 1 year after the child’s birth), according to the claim.

Teagle claims that under New York State Labor Law Section 206-c guarantees nursing mothers break time to pump breast milk at work.

According to the claim, the City of New York as an employer is required but, is not in compliance with the Affordable Care Act or New York State Labor Law Section 206-c.

Teagle claims that the City of New York as an employer is required but, DOES NOT inform female employees who are nursing mothers returning to work following the birth of a child about their right to take unpaid leave for pumping breast milk by placing a public poster in the workplace, promulgate a policy within the NYPD Patrol Guide or other employee handbook or notifying the individual female employees in writing.

While assigned to the 113^th Precinct, since February 2018, Teagle claims that the City of New York Mayor Bill de Blasio, Commissioner Lisette Camilo (Department of Citywide Administrative Services) Police Commissioner James P. O’Neill and Commanding Officer 113^th Precinct Inspector Jerry O’Sullivan has failed and refused to provide her and other similarly situated female employees who are nursing mothers with a proper location to express milk she now suffers from severe engorgement and Mastitis, according to the claim.

Teagle claims that from April 19, 2018, through September 17, 2018, since the City of New York Mayor Bill de Blasio, Commissioner Lisette Camilo (Department of Citywide Administrative Services) Police Commissioner James P. O’Neill and Commanding Officer 113^th Precinct Inspector Jerry O’Sullivan has failed and refused to provide her and other similarly situated female employees who are nursing mothers with a proper location to express milk she has to express milk in-front of other female officers, she has to pump in a female bathroom, she has to pump in the female locker room, she has to express milk inside of her personal vehicle and store the expressed milk in a lunchbox inside of her personal vehicle.

According to the claim, on September 17, 2018, in retaliation for her complaints, Commanding Officer 113^th Precinct Inspector O’Sullivan summarily transferred her from the 113^th Precinct to another department facility.

“The legislators decided it’s good public policy to protect the legal rights of nursing mothers in the workplace and we intend to hold the parties responsible for completely disregarding them,’â€� said lawyer Eric Sanders.

ABOUT THE SANDERS FIRM, P.C.

¸£Àû¼§. offers those in the New York City area legal services related and connected to civil rights, civil service rights, criminal law and discrimination. We firmly believe in everyone’s individual rights that are described and guaranteed by the Constitution of the United States of America. We understand that our freedoms and liberties are sacrosanct and that they have been won in many and various hard-fought battles. We are committed in every way to protecting your civil rights.

CONTACT

Eric Sanders, Esq.
President and Owner, ¸£Àû¼§.
Business Phone: 212-652-2782

The post I Was Chided For ‘Expressing Milk,’ NYPD Cop Sues first appeared on ¸£Àû¼§..

FOR IMMEDIATE RELEASE

New York Civil Rights Lawyer Eric Sanders, Esq., of ¸£Àû¼§., Former NYPD ‘Karate Cop’ Claims, Terminated For Being DV Victim

New York, NY, September 24, 2018, According to the lawsuit, ‘culturally’ within the NYPD, department brass harshly disciplines officers’ after disclosing they are victims of domestic abuse.

Guerrero claims, after the settlement in the Latino Officer Ass’n v. City of New York, et al. 209 F.R.D. 79 (2002), the Department continues to ‘unlawfully’ use the NYPD Disciplinary System (Command Disciplines, Department Advocate’s Office and Deputy Commissioner of Trials) to continue engaging in a ‘pattern and practice’ of using racial and gender stereotyping as the basis for ‘unfairly’ discipling male officers’ of color.

As evidence of the ‘willful’ pattern of using racial and gender stereotyping as the basis for discipling male officers of color, it hired First Deputy Commissioner Benjamin B. Tucker, Deputy Commissioner Trials Rosemarie Maldonado and Assistant Commissioner Department Advocate Kevin S. Richardson, according to the lawsuit.

Guerrero alleges that from August 2012 through December 23, 2015, Ms. Yahayra Feliz whom he has child in common with, physically and mentally abused him including threatening to have him fired from the NYPD. He claims that he reluctantly disclosed the domestic abuse to the Department.

On or about December 23, 2015, while alone inside of his apartment, he was awaked by Ms. Feliz with a smack to his face. Guerrero claims, Ms. Feliz entered his apartment without authorization. At some point, while arguing with Ms. Feliz, she was able to gain control of his department authorized Glock Model 26 9MM pistol. According to the lawsuit, while struggling with Ms. Feliz attempting to re-gain control over pistol, it discharged striking her in the neck causing a flesh wound.

The next morning, Guerrero alleges that Detective Megan Madaus, Major Case Squad of the Police Department City of Yonkers ‘falsely’ arrested and charged him reckless endangerment in the first degree. He claims, Detective Maduas had no ‘probable cause’ to arrest him and they failed to follow paragraph (c) of subdivision 4 of Section 140.10 of the Criminal Procedure Law (Primary Physical Aggressor) due to their racial and gender stereotyping believing he could not be a victim of domestic violence, according to the lawsuit. The Department suspended Guerrero for thirty (30) days without pay. He alleges, the suspension was violative of federal and state human rights laws particularly New York City Administrative Code § 8-107.1 (3) . See Matter of Reynolds v. Fraser 2004 NY Slip Op 24352 [5 Misc. 3d 758] September 24, 2004 

According to the lawsuit, after numerous court appearances and testifying before the Grand Jury, Westchester County Assistant District Attorney Wendy Parra withdrew the felony complaint. On or about July 18, 2016, the case was dismissed and sealed.

On or about July 28, 2016, Guerrero met with the NYPD Force Investigation Division. Several months later, on or about January 26, 2017, Inspector Kevin Maloney of the the Force Investigation Division concluded Guerrero fired his pistol at Ms. Feliz. A review of the findings indicate Maloney did not assess the possibility of an ‘accidental’ discharge with Guerrero and Ms. Feliz’s hands on the pistol. Guerrero alleges, Maloney reached this conclusion because of racial and gender stereotyping disbelieving the possibility of an ‘accidental’ discharge while struggling to gain control of the pistol from Ms. Feliz.

On or about December 15, 2017, Hearing Officer Assistant Trial Commissioner David S. Weisel as the reviewer of evidence prepared a Report and Recommendation, recommending he be found Guilty of all charges and the penalty of termination imposed. Guerrero claims,

that Hearing Officer Assistant Trial Commissioner Weisel’s Report and Recommendation is full of racial and gender bias along with speculation and conjecture.

Moreover, that Hearing Officer Assistant Trial Commissioner Weisel, the Trial Commissioner’s Office in general has a long history of preparing Report and Recommendation that are full of racial and gender bias along with speculation and conjecture primarily whenever there is a review of evidence against officers of color.

According to the lawsuit, the ultimate reviewers of the Report and Recommendation merely rubber stamp them without any true interactive review process to ensure objectively, fairness and the officer, primarily of color rights are protected.

Guerrero claims, that Hearing Officer Assistant Trial Commissioner Weisel ‘intentionally’ ignored the testimony of Sergeant Neil Casey, Force Investigation Division that “there is no forensic evidence Guerrero he fired the weapon. Ms. Feliz’s DNA was not tested. Nor was the firearm tested for DNA.� According to the lawsuit, Guerrero alleges that the testimony of Sergeant Casey is in direct conflict with the findings of the report created by Inspector Maloney.

Guerrero alleges, that on or about December 15, 2017, Deputy Trial Commissioner Rosemarie Maldonado merely rubber stamped Hearing Officer Assistant Trial Commissioner Weisel’s Report and Recommendation without any true interactive review process to ensure objectively, fairness and his rights are protected.

On or about February 1, 2018, Guerrero claims Police Commissioner James P. O’Neill merely rubber stamped Hearing Officer Assistant Trial Commissioner Weisel’s Report and Recommendation without any true interactive review process to ensure objectively, fairness and his rights are protected.

“You treat people differently depending on your race, your gender or your political affiliation. This is what’s going on in the trial room. To ignore him and to say he couldn’t have been a victim is gender stereotyping,â€� says Eric Sanders.

Eric Sanders, Esq., of ¸£Àû¼§., filed the federal complaint with the United States District Court for the Eastern District of New York, Docket No.: 18 cv 5353 on September 24, 2018.

ABOUT THE SANDERS FIRM, P.C.

¸£Àû¼§. offers those in the New York City area legal services related and connected to civil rights, civil service rights, criminal law and discrimination. We firmly believe in everyone’s individual rights that are described and guaranteed by the Constitution of the United States of America. We understand that our freedoms and liberties are sacrosanct and that they have been won in many and various hard-fought battles. We are committed in every way to protecting your civil rights. We are your voice for justice!

CONTACT

Eric Sanders, Esq.
President and Owner, ¸£Àû¼§.
Business Phone: 212-652-2782

The post Former NYPD ‘Karate Cop’ Claims, Terminated For Being DV Victim first appeared on ¸£Àû¼§..

FOR IMMEDIATE RELEASE

New York Civil Rights Lawyer Eric Sanders, Esq., of ¸£Àû¼§., announces a Brooklyn federal Court affirms the jury findings but, reduces the award from $15 to 5.4 million dollars, concluding off-duty NYPD Police Officer Larry Jackson was brutally beaten inside and outside his Queens home

NEW YORK, August 24, 2018 – Today, after eight long years and having his complaints of police brutality completely ignored, a Brooklyn federal Court affirms the jury findings but, reduces the award from $15 to 5.4 million dollars, concluding off-duty NYPD Police Officer Larry Jackson was brutally beaten inside and outside his Queens home.

Jackson contended throughout the trial, although race as a claim was dismissed earlier by the Court, White police officers – who responded to a 911 call from his fiancee’ about a gun-wielding man who tried to crash their daughter’s birthday party – mistreated him after identifying himself.

Jackson claims he was ‘choked’ beaten with police batons, kicked and doused with pepper spray after he identified himself to the White police officers in August 2011. He sustained a fracture to his shooting hand, nerve damage, and other related injuries and will likely have to file for a disability retirement, according to the lawsuit filed in Brooklyn Federal Court.

After listening to evidence and legal arguments from both sides over two weeks, a Brooklyn federal jury awarded Jackson $12.5 million in compensatory damages and $2.6 million in punitive damages. However, during several post-trial motions, the Court affirmed the jury findings of excessive force but recommended Jackson to receive $2,750,000 in compensatory damages and $2.675, 000.00 in punitive damages. As the Court noted, “Here, defendants’ conduct was reprehensible; their actions were both violent and malicious,â€� Chen wrote. “This was not an act of mere negligence; it was an assault intended to cause (Jackson) significant physical and emotional harm.”

“(Their) violent and malicious assault on (Jackson) is wholly improper behavior for law enforcement officers and warrants a strong message of deterrence and censure,� she wrote.

Since the Court dismissed the City of New York, the individual officers are liable for the damages.

“Today, the Court reaffirmed the jury’s decision loud and clear about the Department’s ‘dirty little secret.’ The jury, now the Court did what the Department and the Queens District Attorney’s Office refused to do, hold these ‘out of control’ officers’ ‘legally accountable,’â€� said lawyer Eric Sanders.

About ¸£Àû¼§.

¸£Àû¼§. offers those in the New York City area legal services related and connected to civil rights, civil service rights, criminal law and discrimination. We firmly believe in everyone’s individual rights that are described and guaranteed by the Constitution of the United States of America. We understand that our freedoms and liberties are sacrosanct and that they have been won in many and various hard-fought battles. We are committed in every way to protecting your civil rights.

Contact

Eric Sanders, Esq.
President and Owner, ¸£Àû¼§.
Business Phone: 212-652-2782

The post Brooklyn Federal Court Affirms Jury Findings But, Reduce Award to $5.4 Million first appeared on ¸£Àû¼§..