Federal lawsuit alleges civil rights violated by NYPD and private entities including JP Morgan Chase and Brookfield Properties asks for federal independent monitor
New York, NY. April 30, 2012. Lawyers on behalf of 5 elected officials and over half a dozen members of the press filed a major lawsuit today in federal court alleging the City of New York, the MTA, the New York Police Department, Brookfield Properties, JP Morgan Chase and others are in violation of numerous civil rights, including First Amendment rights to free speech and assembly. The suit seeks redress for police misconduct in arrests made during the “Occupy Wall Street” protests and asks that a federal independent monitor be appointed to oversee the NYPD in order to safeguard the public.
The 143 page complaint submitted by a group of civil rights attorneys including Leo Glickman, Yetta G. Kurland and Wylie Stecklow, was filed today in United States District Court in the Southern District and includes a 24 minute video which highlights the use of excessive force and selective enforcement which many have claimed has become an issue over the past 6 months during the “Occupy” protests.
The suit also addresses the City’s relationship with JP Morgan Chase who donated $4.6 million to the NYPD during this time, as well as the fact that members of the press and elected officials have been arrested while observing and/or reporting on these protests.
One of the plaintiffs, New York City Councilmember Ydanis Rodriguez, who was bloodied and arrested on November 15, 2011 for attempting to observe the eviction of Zuccotti park stated “While my charges were dismissed, the bigger issue still remains, namely that the NYPD misused their power and did not respect my First Amendment or the NYC Charter which gave me the right to act as an observer.”
New York City Councilmember Letitia James, another plaintiff in the suit, stated “this is about accountability but it is also about ensuring that we have a proper balance of powers in this City. People should not be afraid to suffer harm from the police when they express their First Amendment right to assemble.”
New York City Councilmember Melissa Mark Viverito has also joined the suit. She stated “Some of us in the City Council are looking to address these issues legislatively, in the meantime we will avail ourselves of the United States judicial branch to ask for its help to ensure our police properly protect the public they are entrusted to serve.”
Jumaane Williams, another New York City Councilmember made the point that this effects everyone not just OWS protestors. “We hope this suit will help all New Yorkers, as well as the NYPD. We believe officers should not be put in a situation where they are asked to act in a way which results in this type of misconduct or puts them at odds with the public.”
Paul Newell, a plaintiff and Democratic District Leader for Lower Manhattan added that the police misconduct “had a chilling effect of the freedoms of speech, movement and assembly as well as quality of life in Lower Manhattan.”
John Knefel, a journalist and radio show host, who was arrested while covering a protest in the publicly-accessible Winter Garden in lower Manhattan because he didn’t have NYPD issue press credentials, is one of the plaintiffs as well. “It is of course concerning that the public is arrested for exercising their First Amendment rights, but it is likewise concerning that members of the press are arrested when they try to cover this.”
Justin Sullivan, another plaintiff and citizen press journalist who assembled the video exhibit for the suit stated “I was arrested while covering someone else being arrested for complaining about someone else being arrested for doing a ‘mic check’. This is not how our police should act.”
Attorneys and the plaintiffs will be holding a press conference at 9:45am on the steps of City Hall on Monday April 30, 2012. Copies of the complaint are available below and at http://www.scribd.com/doc/91818746/Rodrigeuz-et-al-vs-Winski-et-al-Complaint .