Tuesday, July 14, 2015

NYC Settles Eric Garner Chokehold Case For US$5.9 Million


Gwen Carr holds a picture of her son Eric Garner during a news conference in New York with relatives of New Yorkers killed by police (AP Photo/Bebeto Matthews)

The family of a black man who died after being placed in a white police officer's chokehold reached a US$5.9 million settlement with the city on Monday, days before the anniversary of his death.

Eric Garner's family in October filed a notice of claim, the first step in filing a lawsuit against the city, asking for US$75 million.

Associated Press report continues:
Garner, who was 43, was stopped last July 17 outside a Staten Island convenience store because police officers believed he was selling loose, untaxed cigarettes. A video shot by an onlooker shows Garner telling the officers to leave him alone and refusing to be handcuffed.

Officer Daniel Pantaleo placed his arm around Garner's neck to take him down. Garner, who had asthma, is heard gasping "I can't breathe!" 11 times before losing consciousness. He was pronounced dead later at a hospital.

The city medical examiner found the police chokehold contributed to Garner's death. But a grand jury declined to indict the officer in the death. A federal probe is ongoing.

Chokeholds are banned by New York Police Department policy. Pantaleo says he used a legal takedown maneouvre known as a seatbelt, not a chokehold.

Garner's death sparked demonstrations and became a flashpoint in a national debate about relations between police and minority communities.

While the city has a legal department that fields lawsuits, the comptroller's office also can settle claims. Comptroller Scott Stringer has made a point of doing that in civil rights cases, saying that resolving them quickly saves the city money on legal fees.

"Following a judicious review of the claim and facts of this case, my office was able to reach a settlement with the estate of Eric Garner that is in the best interests of all parties," Stringer said.

The city did not admit any liability.

Mayor Bill de Blasio said that hopefully Garner's family "can find some peace and finality" from the settlement.

"By reaching a resolution, family and other loved ones can move forward even though we know they will never forget this tragic incident," said de Blasio, who was scheduled to speak Tuesday at a church memorial service in Garner's honor.

Longtime civil rights attorney Jonathan Moore, the family's lawyer, said there also was a settlement with the Richmond University Medical Center, which responded to the scene. That settlement is confidential, and there was no one available at the hospital to comment. Moore said there would be a press conference Tuesday with the Rev. Al Sharpton and the family.

Sharpton said the settlement to the family was deserved but didn't resolve the larger questions around policing and minorities. He said a rally planned for Saturday calling for an expedited federal investigation into Garner's death would go on as planned.

"We did not march and build a movement just to get money," he said.

The city has reached settlements in other high-profile cases involving deaths of black men at the hands police officers. In 2004, the city agreed to pay US$3 million to settle a lawsuit brought by the family of Amadou Diallo, who was shot by four police officers in 1999.

In 2010, the city agreed to pay US$3.25 million to the estate of Sean Bell, who was killed in 2006 outside a strip club while leaving his bachelor party. Police had targeted the club for an undercover operation.

In January, the city settled with the family of teenager Ramarley Graham, who was shot by a police officer in 2012, for US$3.9 million.

Last month, the comptroller's office agreed to pay US$6.25 million to a man who spent nearly 25 years in prison before being exonerated in a killing that happened while he was more than 1,000 miles away vacationing at Disney World. A US$6.4 million settlement was reached with a man exonerated in the 1990 killing of a rabbi.
Stringer also agreed to a US$2.25 million payout to the family of a mentally ill inmate who died in a Rikers Island jail cell that sweltered to 101 degrees because of a malfunctioning heating system, and he helped put together a US$17 million settlement in the case of three half-brothers who spent a combined 60 years in prison before their convictions were thrown out.

Reuters / Eduardo Munoz
RT.com reports that the City of New York will pay the family of Eric Garner, who died last year after police placed him in a chokehold, a total of US$5.9 million to settle a wrongful death claim. The family had originally sought US$75 million.

News of the settlement came Monday evening just a few days before a deadline that would have seen the Garner family file a lawsuit against the city, which would have involved a lengthy and expensive court battle, the New York Times reported. No further details about the controversial confrontation between Garner and New York City police were released.
“No sum of money can make this family whole, but hopefully the Garner family can find some peace and finality from today’s settlement,” Mayor Bill de Blasio said in a statement. “By reaching a resolution, family and other loved ones can move forward even though we know they will never forget this tragic incident.”
The deal arrived almost one year after 43-year-old Garner died. On July 17, 2014, he was confronted by NYPD officers for allegedly selling loose cigarettes on Staten Island. Garner, an African-American father of six, said he had done nothing wrong. Video captured by a bystander showed multiple officers taking Garner to the ground while attempting to arrest him, with Officer Daniel Pantaleo placing Garner in a chokehold banned by the department. During the incident, Garner is heard saying “I can’t breathe” 11 times.
A medical examiner ruled Garner’s death a homicide, but a grand jury declined to press charges against Officer Pantaleo, a decision that sparked massive protests over police behavior in New York City and around the United States.
According to Reuters, New York City Comptroller Scott Stringer said the settlement was “in the best interest of all parties.” He said the city did not admit liability for Garner’s death.
“I believe that we have reached an agreement that acknowledges the tragic nature of Mr. Garner’s death while balancing my office’s fiscal responsibility to the City,” Stringer said in a statement.
The Garner family, accompanied by Reverend Al Sharpton of the National Action Network, is scheduled to address the settlement Tuesday morning. The family is also set to lead a rally on Saturday, as it seeks to urge federal prosecutors to bring a case against the officer involved in Garner’s death.
“This is not about people getting money,” Sharpton said, according to the NY Times. “This is about justice. We’ve got to restructure our police departments and how we deal with policing nationwide.”
It’s unclear if federal officials have a case to bring against Pantaleo, who is white, since filing a civil rights lawsuit would require proving beyond a reasonable doubt that the officer willfully violated Garner’s rights and targeted him because of his race. The Times reported that an NYPD investigation into the case has been completed, but it’s not clear if any officers involved in the incident will face punishment.
Last week, the Garner family reportedly turned down a settlement offer of US$5 million. 

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