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Federal lawsuit filed against NYPD by OWS (evidentiary video included)

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goodcow

Member
Two lawsuits were filed against the NYPD and other parties today for their suppression of civil rights regarding the Occupy Wall Street protests.

The evidentiary video they submitted with the suit can be seen here:
http://www.youtube.com/watch?v=tkyWA0tEkpo

http://pastebin.com/zxaMXzPb

FOR IMMEDIATE RELEASE
CONTACT:
Yetta Kurland 917 701 9590
Leo Glickman 917 582 1405
Wylie Stecklow 917 576 6727

Elected Officials and Members of the Press File Civil Rights Suit Against
NYPD and JP Morgan Chase For Arrests Related to OWS

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.”

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 available from contacts above.

Best,

Samuel B. Cohen
Stecklow Cohen & Thompson
10 Spring Street Ste. 1
New York, NY 10012

The other lawsuit brought against the NYPD today was in regards to the penning and detention of protestors last November.

http://gothamist.com/2012/04/30/second_ows_lawsuit.php

The big lawsuit filed by City Council members and Occupy Wall Street protesters wasn't the only civil lawsuit filed against the NYPD in federal court today! Another lawsuit, specifically concerning the NYPD's barricading of protesters at a demonstration last November, was filed today, seeking unspecified damages and an injunction stopping the NYPD from engaging in such tactics.

The lawsuit (read it in full below) has to do with a demonstration on November 30th 2011 outside the Sheraton Hotel in midtown, where President Obama was giving a speech at a $1,000-a-head fundraiser. The demonstration was peaceful, but after the protesters arrived near the hotel, they were suddenly penned in by police, told they were in a "frozen zone," and not permitted to leave until after the president departed. "We came to express our views at a place where the President might see us, and were detained for hours as if we had committed a crime," says Buswick resident John Rivera, one of the class action plaintiffs, who was a member of the Civil Service Employees Association.

Reporter Andrew Katz said that night, "One officer actually said I could go into the kettle where the protesters were, but [another] officer grabbed my arm... and said we had to leave the area. Three officers, including a female officer who gripped her arm around my hip, escorted us a block down to 52nd Street behind a set of barricades." Mother Jones's Josh Harkinson was also there and filed this report about the "free speech zone."

According to the law firms of Rankin & Taylor and Beldock Levine & Hoffman, the NYCLU was successful in getting the NYPD to agree to restrictions on the use of barricades in 2008. But their lawsuit alleges that the NYPD has violated those guidelines as well as the U.S. Constitution. "Under Commissioner Kelly the NYPD has considered itself above any restrictions when it comes to political protests, even restrictions it agrees to in front of a federal judge," says attorney Mark Taylor.

Today's lawsuit was coincidentally filed simultaneously with another federal lawsuit accusing the NYPD of repressing First Amendment rights. That lawsuit, which includes four city councilmembers as plaintiffs, calls for the creation of federal monitor to oversee the NYPD policing of demonstrations. Protesters claim the NYPD has deliberately rounded them up for arrest on arbitrary charges to stifle dissent.

"This felt like an attempt to scare us from participating in future protests,” says Phoebe Berg, a Brooklyn protester who was outside the Sheraton and is named in the lawsuit. "I hate the fact that I can't help but take into account the real possibility of being detained again, not allowed access to a water/food or a restroom for possibly hours, during the May Day General Strike and other future actions."
 

sangreal

Member
What's the allegation against chase other than the conspiracy "they donated money" angle? Anyone know? I read the OP but not the lawsuit
 

Guevara

Member
I know OWS is a loose cooperative without central leadership but it was extremely stupid of them to camp out on private property (Zucotti Park). Many of their arguments would be much stronger now if they had simply exercised their rights in a public space.
 

goodcow

Member
I know OWS is a loose cooperative without central leadership but it was extremely stupid of them to camp out on private property (Zucotti Park). Many of their arguments would be much stronger now if they had simply exercised their rights in a public space.

Zucotti Park is a privately owned public space.

http://en.wikipedia.org/wiki/List_of_privately_owned_public_spaces_in_New_York_City

Privately owned public spaces (POPS) in New York City were introduced in a 1961 zoning resolution. The city offers zoning concessions to commercial and residential developers in exchange for a variety of spaces accessible and usable for the public. There are over 500 POPS in New York City and are found principally in Manhattan. Spaces range from extended sidewalks to indoor atriums with seating and amenities.

So in exchange for zoning concessions, the private spaces are supposed to be open 24/7/365 for public use.
 
As if Chase and all the other big banks haven't fucked this country over and cost us all enough...

It's 2012, we're actually trying to the grow the economy, now. The time to force changes at the big banks and limit the housing bubble was back in 2000/2001/2002. It's a little late now.

Today, Chase and other big banks pay taxes. They pay a fuck of ton of them. OWS just adds to city and state debts- forcing taxes to eventually go higher.
 

Previous

check out my new Swatch
I don't see a problem with Police accepting donations from banks in this situation, the banks are the reason most OWS people are protesting. So it only makes sense they help pay the bill for the cleanup in their own backyard, since i doubt any of those protesters will.
 

The Technomancer

card-carrying scientician
I don't see a problem with Police accepting donations from banks in this situation, the banks are the reason most OWS people are protesting. So it only makes sense they help pay the bill for the cleanup in their own backyard, since i doubt any of those protesters will.

You're not Manos
 
It's 2012, we're actually trying to the grow the economy, now. The time to force changes at the big banks and limit the housing bubble was back in 2000/2001/2002. It's a little late now.

Today, Chase and other big banks pay taxes. They pay a fuck of ton of them. OWS just adds to city and state debts- forcing taxes to eventually go higher.

You sound like someone who needs a reality check, a harsh one.
 
It's 2012, we're actually trying to the grow the economy, now. The time to force changes at the big banks and limit the housing bubble was back in 2000/2001/2002. It's a little late now.

Today, Chase and other big banks pay taxes. They pay a fuck of ton of them. OWS just adds to city and state debts- forcing taxes to eventually go higher.

No shits are given. If they are found to be interfering with the public right to convene and protest, then they need to be hit hard. I don't care if they are back to making record profits (they are) or if they are suffering losses.
 

nib95

Banned
What does this lawsuit have to do with chase?

Read OP.

It's 2012, we're actually trying to the grow the economy, now. The time to force changes at the big banks and limit the housing bubble was back in 2000/2001/2002. It's a little late now.

Today, Chase and other big banks pay taxes. They pay a fuck of ton of them. OWS just adds to city and state debts- forcing taxes to eventually go higher.

This is one of the reasons the US is so fucked. Not just limited accountability for the elites who basically fuck up the whole world and with it the lives of ordinary Americans, but people daft enough to actually defend and root for them.
 
You sound like someone who needs a reality check, a harsh one.

As opposed to the blue haired kids, who camp out in city plazas and parks for months while shitting in trash cans? Kids that require 24/7 adult supervision to prevent them from smashing car and storefront windows or marching in major bridge roadways?

Yeah, that's some reality...



This is one of the reasons the US is so fucked. Not just limited accountability for the elites who basically fuck up the whole world and with it the lives of ordinary Americans, but people daft enough to actually defend and root for them.

The US currently has higher GDP/economic growth than the UK on top of the average American already making roughly $10,000 more than the average Brit before taxes? Why are you worrying about the average American more than the average citizen in your own country?
 
OWS has become to irrelevant, I had actually forgotten what the acronym stood for. I knew what it was, just not the name. Sad pathetic bunch of people.
 

nib95

Banned
As opposed to the blue haired kids, who camp out in city plazas and parks for months while shitting in trash cans? Kids that require 24/7 adult supervision to prevent them from smashing car and storefront windows or marching in major bridge roadways?

Yeah, that's some reality...

I think you've been watching too much Fox News or other Right Wing media propaganda. The stereo type you use to paint the movement is an inaccurate and grossly misrepresented one.


Also, thank God for OWS for not just standing up for things other people are too lazy or apathetic to protest for, but also for highlighting the despicable lengths to which the government and corporations will move to silence such things, even at the cost of liberties and rights. The video in the OP is plenty of evidence to the former.
 

cheststrongwell

my cake, fuck off
I think you've been watching too much Fox News or other Right Wing media propaganda. The stereo type you use to paint the movement is an inaccurate and grossly misrepresented one.


Also, thank God for OWS for not just standing up for things other people are too lazy or apathetic to protest for, but also for highlighting the despicable lengths to which the government and corporations will move to silence such things, even at the cost of liberties and rights. The video in the OP is all that anyone needs to see.

I didn't see anything in that video that concerns me.
 

nib95

Banned
The US currently has higher GDP/economic growth than the UK on top of the average American already making roughly $10,000 more than the average Brit before taxes? Why are you worrying about the average American more than the average citizen in your own country?

Unfortunately we have a really shitty (Conservative) government in power right now which is not helping.

I didn't see anything in that video that concerns me.

Besides the law being broken, liberties being stripped, journalists not being able to document or report on such injustices, police brutality, undue and unwarranted arrests, state inciting violence etc etc?

Just because it didn't happen to you personally doesn't mean it doesn't affect you. I'm actually quite shocked at some of the responses, then again, maybe I shouldn't be. When the high ups want something, they often get it. As evidenced by the apparently stupendously effective propaganda campaign against OWS. After Iraq, and the effectiveness of the media blitz in ushering public support for it, I suppose I really shouldn't be surprised.
 

Dude Abides

Banned
I did not, in fact read that. My bad. Assumed this was a lawsuit against the police.

It probably includes a claim against Chase under s. 1983 alleging a conspiracy with the NYPD to deprive the protesters/journalists of their 1st Amendment rights. Doubt that particular claim will survive a motion to dismiss, if any of it does.
 
Something Wicked, here's an infographic from Fast Company:

http://www.ceo.com/flink/?lnk=http:...6/occupy-wall-street-demographics-infographic

60% were college educated
30% were grad school educated
47% had a full time job
20% had a part time job
70% were Independent
81% were white

46% made less than 25000
23% made 25000-50000
30% made more than 50000

23% were under 25
44% were 25-44 years old
32% were over 24

So, as you can see, we have a working, educated group representing a broad array of earning power and age protesting economic inequality.

Try harder.


Nobody that matters will ever take these punks seriously. These protests won't change a thing.

They already have. Economic inequality is now one of the major focal points of this year's elections, and has been brought back to the forefront of policy.
 
Something Wicked, here's an infographic from Fast Company:

http://www.ceo.com/flink/?lnk=http:...6/occupy-wall-street-demographics-infographic

60% were college educated
30% were grad school educated
47% had a full time job
20% had a part time job
70% were Independent
81% were white

46% made less than 25000
23% made 25000-50000
30% made more than 50000

23% were under 25
44% were 25-44 years old
32% were over 24

So, as you can see, we have a working, educated group representing a broad array of earning power and age protesting economic inequality.

Try harder.

Where is the stat on the percentage of OWS is not working at all and just camping out for multiple consecutive months? One can't be making too much money doing that I assume. Also, what constitutes as someone being "within" OWS? Could any person heading over to an "occupied" park for a just couple hours in a single day be considered apart of the statistics?

And hey, protesting for a few hours here and there is fine. Smoking weed and doing shrooms in a tent in a city park all day is... ...well, that's kinda cool, but doing it for weeks is pathetic and wasteful for taxpayers. Protesting as a profession is not respectable in modern society.
 

Htown

STOP SHITTING ON MY MOTHER'S HEADSTONE
Where is the stat on the percentage of OWS is not working at all and just camping out for multiple consecutive months? One can't be making too much money doing that I assume. Also, what constitutes as someone being "within" OWS? Could any person heading over to an "occupied" park for a just couple hours in a single day be considered apart of the statistics?

And hey, protesting for a few hours here and there is fine. Smoking weed and doing shrooms in a tent in a city park all day is... ...well, that's kinda cool, but doing it for weeks is pathetic and wasteful for taxpayers. Protesting as a profession is not respectable in modern society.

How respectable is city council membership?
 

nib95

Banned
Where is the stat on the percentage of OWS is not working at all and just camping out for multiple consecutive months? One can't be making too much money doing that I assume. Also, what constitutes as someone being "within" OWS? Could any person heading over to an "occupied" park for a just couple hours in a single day be considered apart of the statistics?

And hey, protesting for a few hours here and there is fine. Smoking weed and doing shrooms in a tent in a city park all day is... ...well, that's kinda cool, but doing it for weeks is pathetic and wasteful for taxpayers. Protesting as a profession is not respectable in modern society.

I think you're talking about a small portion of them, and exaggerating somewhat. Some stayed weekends, others took a bit of time off work, but yes, obviously there was a small minority who stayed long term (some of them were probably already homeless), but I'd imagine most that were protesting were not in that group. It may have seemed worse because of people swapping around etc. Heck I went along and protested a bit in London but didn't camp out or anything.

So it's a pretty weak argument you're pushing. Well, so far all of the one's you've made in this thread have been either bad or woefully misrepresentative.

Either way, I'd say in the grand scheme of things it was wholly respectable. Standing up for what's just and right, well, what kind of a price do we put on that?
 

commedieu

Banned
Where is the stat on the percentage of OWS is not working at all and just camping out for multiple consecutive months? One can't be making too much money doing that I assume. Also, what constitutes as someone being "within" OWS? Could any person heading over to an "occupied" park for a just couple hours in a single day be considered apart of the statistics?

And hey, protesting for a few hours here and there is fine. Smoking weed and doing shrooms in a tent in a city park all day is... ...well, that's kinda cool, but doing it for weeks is pathetic and wasteful for taxpayers. Protesting as a profession is not respectable in modern society.

Can you stop posting now? Your sad arguments are devolving into broad generalizations now.

I make a lot of money, am completely part of the modern society, and half of my wages go to taxes due to my tax bracket. I support the OWS people. So please, speak for yourself, and just you.

You're trying way too hard to cast them in a negative light, and you keep getting owned left and right on it. The statistics alone should have had you at least change your argument. But no, you're going down fighting with more and more nonsense.

Edit:

And as a member of the modern society, your views on protest being something that should be frowned upon, as they are unemployed, at a time when the world economy has taken a nosedive, and many can't even get jobs, makes me sad that you think you're part of my modern society.

as well as the fact that members of the press and elected officials have been arrested while observing and/or reporting on these protests.

buncha fuckin stoners brah..
 

Ether_Snake

安安安安安安安安安安安安安安安
It's 2012, we're actually trying to the grow the economy, now. The time to force changes at the big banks and limit the housing bubble was back in 2000/2001/2002. It's a little late now.

Today, Chase and other big banks pay taxes. They pay a fuck of ton of them. OWS just adds to city and state debts- forcing taxes to eventually go higher.

HAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHA
 
Where is the stat on the percentage of OWS is not working at all and just camping out for multiple consecutive months?

12% were unemployed and 10% were "Other".

So? Are you still going to ignore that the vast majority are NOT as you think they are? Sane people presented with evidence that contradicts what they think change their stance.
 

Biff

Member
Something Wicked, don't waste your time.

GAF is the most hard-left forum I've ever posted on. It's fun for talking about games, but my efforts to have political discussions have all been colossal wastes of time when you have 90% of the forum opposing your stance (and I consider my self left-leaning, just not close to where the people in this thread are). You post an opinion and have 8 posters immediately quote it with comments about your lack of intelligence, being a sheep, etc.

OWS is nothing now. This is nothing more than a desperate last attempt at media coverage. Nobody cares anymore. This won't even be an issue in November. Not worth your effort now. Just watch some funny cat videos on Youtube instead of giving yourself a headache. I'm going back to my Starcraft stream :)
 

Chichikov

Member
Something Wicked, don't waste your time.

GAF is the most hard-left forum I've ever posted on. It's fun for talking about games, but my efforts to have political discussions have all been colossal wastes of time when you have 90% of the forum opposing your stance (and I consider my self left-leaning, just not close to where the people in this thread are). You post an opinion and have 8 posters immediately quote it with comments about your lack of intelligence, being a sheep, etc.
Oh no, you're in a minority opinion!
The horror!
Grow some balls and defends you positions.
You think that's rough?
Try not liking Inception or The Dark Knight.

OWS is nothing now. This is nothing more than a desperate last attempt at media coverage. Nobody cares anymore. This won't even be an issue in November. Not worth your effort now. Just watch some funny cat videos on Youtube instead of giving yourself a headache. I'm going back to my Starcraft stream :)
You seem to care.
 
Something Wicked, don't waste your time.

GAF is the most hard-left forum I've ever posted on. It's fun for talking about games, but my efforts to have political discussions have all been colossal wastes of time when you have 90% of the forum opposing your stance (and I consider my self left-leaning, just not close to where the people in this thread are). You post an opinion and have 8 posters immediately quote it with comments about your lack of intelligence, being a sheep, etc.

OWS is nothing now. This is nothing more than a desperate last attempt at media coverage. Nobody cares anymore. This won't even be an issue in November. Not worth your effort now. Just watch some funny cat videos on Youtube instead of giving yourself a headache. I'm going back to my Starcraft stream :)

That's because we have higher standards than most other boards.

I posted a study by Fast Company (hardly biased towards OWS) that shows that the protestors are exactly NOT what he envisions them to be.

He just turns a blind eye.

It feels like I'm the one wasting time.
 

nib95

Banned
That's because we have higher standards than most other boards.

I posted a study by Fast Company (hardly biased towards OWS) that shows that the protestors are exactly NOT what he envisions them to be.

He just turns a blind eye.

It feels like I'm the one wasting time.

Many/most of the GAF'ers who've been heavily against OWS have regurgitated the same sort of misinformed Right Wing esque trollop. Manos did exactly the same thing. They're all unemployed hippies etc etc. Then people post the links and studies that show what the real break up in socio economics amongst protestors is and they just ignore it and rave on about some other irrelevant or misguided point instead.
 
Many/most of the GAF'ers who've been heavily against OWS have regurgitated the same sort of misinformed Right Wing esque trollop. Manos did exactly the same thing. They're all unemployed hippies etc etc.
How is it misinformed?

Then people post the links and studies that show what the real break up in socio economics amongst protestors is and they just ignore it and rave on about some other irrelevant or misguided point instead.
You mean that it's just a bunch of white people?
 

low-G

Member
The whole point of OWS was to increase attention to these issues. They didn't expect to actually change anything directly. That's something people don't seem to understand for some reason.
 
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