Justice? Eric Garner's family gets $5.9 million settlement - E46Fanatics E46 BMW Social Directory E46 FAQ 3-Series Discussion Forums BMW Photo Gallery BMW 3-Series Technical Information E46 Fanatics - The Ultimate BMW Resource BMW Vendors General E46 Forum The Tire Rack's Tire Wheel Forum Forced Induction Forum The Off-Topic The E46 BMW Showroom For Sale, For Trade or Wanting to Buy

Go Back   E46Fanatics > Everything Else > The Off-Topic > Political Talk

Political Talk
You may discuss anything regarding politics in this forum ONLY. If you cannot respect others opinions, your access to this forum will be removed.

Reply
 
Thread Tools Search this Thread Display Modes
Old 07-13-2015, 09:39 PM   #1
Lair
Registered User
 
Join Date: Mar 2008
Location: Liberal Paradise
Posts: 346
My Ride: e90,e90, $5k Boxster
Justice? Eric Garner's family gets $5.9 million settlement




Quote:
Eric Garner Case Is Settled by New York City for $5.9 Million


By J. DAVID GOODMANJULY 13, 2015

New York City reached a settlement with the family of Eric Garner on Monday, agreeing to pay $5.9 million to resolve a wrongful death claim over his killing by the police on Staten Island last July, a lawyer for the family said.

The agreement, reached just a few days before the deadline to file suit, headed off one potentially fractious legal battle over Mr. Garner’s death even as a federal inquiry into the killing and several others at the state and local level remain open and could provide a further accounting of how he died.

Still, the settlement was a pivotal moment in a case that has engulfed the city and the Police Department since the afternoon of July 17, 2014, when two officers approached Mr. Garner as he stood unarmed on a sidewalk and accused him of selling untaxed cigarettes.

Eleven months after Eric Garner's death, his grave is covered by a lush patch of grass in Union County, N.J. His mother, Gwen Carr, is pulling together money for a headstone.

The death of Mr. Garner, 43, followed by the fatal shooting of Michael Brown by a police officer in Ferguson, Mo., in August, set off a national debate about policing actions in minority communities and racial discrimination in the criminal justice system.

Mr. Garner’s final words — “I can’t breathe” — repeated 11 times as one officer held him in a chokehold, became a national rallying cry. A Staten Island grand jury’s decision not to indict the officer, Daniel Pantaleo, fueled weeks of demonstrations. The protests eased after the killing of two police officers in Brooklyn in December by a man who said he acted to avenge Mr. Garner’s death.

The killings of the officers shook the city anew, deepening tensions between the police and Mayor Bill de Blasio and slowing a push to enact a host of criminal justice reforms.

Last year, Mr. Garner’s relatives, including his widow, Esaw Garner, and his mother, Gwen Carr, filed a notice of claim — a procedural step that must precede a lawsuit against the city. In the notice, they said were seeking $75 million in damages. Since then, the family has been in talks with the city comptroller’s office, and on Monday, both sides confirmed the resolution of the claim.

“The City of New York has agreed to pay $5.9 million to resolve the Garner case,” said Jonathan C. Moore, the lawyer for Mr. Garner’s family.

Mr. Moore said the city had until Friday, the anniversary of the death, to come to an agreement. If none had been reached, a suit would have been filed.

The resolution is among the biggest reached so far as part of a strategy by the comptroller, Scott M. Stringer, to settle major civil rights claims even before a lawsuit is filed. Mr. Stringer has said the aim is to save taxpayers the expense of a drawn-out trial and to give those bringing the suits and their families a measure of closure.


But the settlement did not provide any greater clarity on the actions of the officers that day or the policing strategies that have come under criticism in the year that has followed.

The relatives of Mr. Garner, along with Mr. Moore, are expected to discuss the settlement at a news conference scheduled for Tuesday morning at the Harlem offices of the National Action Network, led by the Rev. Al Sharpton.

On Saturday, Mr. Garner’s family is expected to lead a rally outside the Brooklyn offices of the United States attorney for the Eastern District of New York to call for a federal case to be brought against the officers involved in Mr. Garner’s death.

“This is not about people getting money,” Mr. Sharpton said on Monday. “This is about justice. We’ve got to restructure our police departments and how we deal with policing nationwide.”

The city medical examiner ruled the death a homicide, citing the chokehold and the compression of Mr. Garner’s chest by other officers who held him down.

Several inquiries into Mr. Garner’s death were still pending, including investigations by the United States attorney’s office, the Civilian Complaint Review Board and state health officials, who are looking into the actions of emergency medical responders in treating Mr. Garner.

The Police Department has concluded its internal investigation but has yet to say whether any officers would be disciplined.

The agreement with the city does not cover the private hospital that sent the responders, Richmond University Medical Center. Video shows that as Mr. Garner lay on the ground, he was not given oxygen and the actions of the medical responders, also captured on video, appeared disorganized. The conduct of its employees at the scene has come under scrutiny and could result in further legal action. But as of Monday, “nothing has been filed,” William J. Smith, a spokesman for the hospital, said.

Mr. de Blasio, speaking to reporters shortly before the settlement had been reached, said the anniversary of Mr. Garner’s death was on his mind. “I think it’s on the mind of many New Yorkers, and we, you know, mourn the death of Eric Garner,” the mayor said. “I think we’ve come a long way, even in the last year, in terms of bringing police and community together.”

In recent months, the comptroller’s office has reached major settlements in several cases without a suit being filed, effectively cutting out involvement by the city’s Law Department.

Mr. Stringer reached a $6.4 million deal with David Ranta, who was imprisoned for 23 years after a wrongful murder conviction; Mr. Ranta had sought $150 million. A deal was also reached for $2.25 million with the family of Jerome Murdough, who died in an overheated cell at the Rikers Island jail complex, to settle their $25 million claim against the city.

But while the approach spares the city and those hurt by it from protracted legal fights, it has come under criticism for sidelining experienced lawyers at the Law Department who might better gauge the city’s legal liability.

“The determination of appropriate damage levels is a complex, nuanced process,” said Victor A. Kovner, a former city corporation counsel. “The notion that the comptroller, without the benefit of that experience, seeks to make these resolutions on his own is in my experience grandstanding and against the city’s interest.”

Mr. Kovner said settlements in wrongful death and police brutality cases must take into account the pain and suffering of the person as well as future earnings and financial damage to the family. In the case of Mr. Garner, his apparent suffering in video images would have probably been a major factor in any settlement discussions.

In 2001, a suit brought by Abner Louima, a Haitian man tortured with a broomstick while in police custody at a Brooklyn precinct station house in August 1997, was settled for $8.75 million, with the city paying $7.125 million and the police officers’ union, the Patrolmen’s Benevolent Association, which was accused of conspiring to cover up the assault, paying Mr. Louima another $1.625 million.

That agreement was reached three years into the suit brought by Mr. Louima, who was sodomized with the broken broomstick handle. The settlement came after federal trials in which one officer, Justin A. Volpe, was convicted in the attack and sentenced to 30 years in prison, and another pleaded guilty to perjury. Two more were sentenced to probation in the cover-up. Two other officers had their convictions overturned on appeal.

Nearly five years after the killing of Amadou Diallo in 1999, the city settled with his relatives for $3 million. The city settled a suit over the 2006 fatal shooting of Sean Bell for $3.25 million.

In January, Mr. Stringer agreed to pay $17 million to settle wrongful conviction claims brought by three defendants whose cases involved Louis Scarcella, a retired homicide detective whose investigative tactics have come under scrutiny and are under review.

In an interview last December, after the grand jury’s decision, Mr. Stringer called Mr. Garner’s death “a terrible tragedy” and said “my heart goes out to the Garner family, and I feel very strongly about that.”
__________________
The Hunter S Thompson of e46f.


To view links or images in signatures your post count must be 0 or greater. You currently have 0 posts.

To view links or images in signatures your post count must be 0 or greater. You currently have 0 posts.

Last edited by Lair; 07-13-2015 at 09:40 PM.
Lair is offline   Reply With Quote
Old 07-13-2015, 09:48 PM   #2
bimmerfan08
Registered User
 
Join Date: Feb 2009
Location: Somewhere over the rainbow
Posts: 4,907
My Ride: E46 M3
Provided the money is managed right, that is more than plenty to take care of his sig other and his kids.

Wish this ass wipe would butt out of these situations.

Quote:
"This is not about people getting money," Mr. Sharpton said on Monday. "This is about justice. We've got to restructure our police departments and how we deal with policing nationwide."
__________________
Quote:
“But as I look overall at the capitalist economies, there are a lot of good things doing, and I think you can tune the tax parameters and get way more equity and get some additional government services and still be in the same basic framework.”

Last edited by bimmerfan08; 07-13-2015 at 09:50 PM.
bimmerfan08 is offline   Reply With Quote
Old 07-13-2015, 10:09 PM   #3
Xcelratr
Registered User
 
Join Date: Apr 2007
Location: So Cal - 310
Posts: 991
My Ride: 04 330Ci ZHP
The main Garner thread, among several scattered around the forum: https://forum.e46fanatics.com/showthread.php?t=1045360

We didn't need another one.
__________________
----------------------------------------------
Quote:
We will not tolerate intolerance.
----------------------------------------------
Xcelratr is offline   Reply With Quote
Old 07-14-2015, 12:26 AM   #4
Lair
Registered User
 
Join Date: Mar 2008
Location: Liberal Paradise
Posts: 346
My Ride: e90,e90, $5k Boxster
lol
Lair is offline   Reply With Quote
Old 07-14-2015, 10:19 AM   #5
NFRs2000nyc
Registered User
 
Join Date: Feb 2004
Location: NYC/NJ
Posts: 968
My Ride: S2000+Wrangler
A batsh!t libtard mayor and the city settled...yea...Im surprised.
__________________

To view links or images in signatures your post count must be 0 or greater. You currently have 0 posts.
NFRs2000nyc is offline   Reply With Quote
Old 07-14-2015, 10:33 AM   #6
bagher
Account closed.
 
bagher's Avatar
 
Join Date: Aug 2005
Posts: 17,917
Send a message via AIM to bagher
Quote:
Originally Posted by bimmerfan08 View Post
Provided the money is managed right, that is more than plenty to take care of his sig other and his kids.

Wish this ass wipe would butt out of these situations.
that quote seems pretty spot on to me.
bagher is offline   Reply With Quote
Old 07-14-2015, 10:56 AM   #7
BraveUlysses
Registered User
 
Join Date: Aug 2008
Location: Seattle
Posts: 17
My Ride: 2003 330i
Quote:
Originally Posted by NFRs2000nyc View Post
A batsh!t libtard mayor and the city settled...yea...Im surprised.
Do you think the city had merit to fight it? would they have won?
BraveUlysses is offline   Reply With Quote
Old 07-14-2015, 10:57 AM   #8
mistrzmiasta
Registered User
 
Join Date: Dec 2006
Location: NYC
Posts: 1,002
My Ride: GLK350,ML63, Duc1098
Quote:
Originally Posted by NFRs2000nyc View Post
A batsh!t libtard mayor and the city settled...yea...Im surprised.
agree...that dude makes Lair look uber conservative. what a fvcking tool.
mistrzmiasta is offline   Reply With Quote
Old 07-14-2015, 11:51 AM   #9
NFRs2000nyc
Registered User
 
Join Date: Feb 2004
Location: NYC/NJ
Posts: 968
My Ride: S2000+Wrangler
Quote:
Originally Posted by BraveUlysses View Post
Do you think the city had merit to fight it? would they have won?
Absolutely. I have personally seen MUCH MUCH MUCH stronger cases lose against the city.
__________________

To view links or images in signatures your post count must be 0 or greater. You currently have 0 posts.
NFRs2000nyc is offline   Reply With Quote
Old 07-14-2015, 11:58 AM   #10
BraveUlysses
Registered User
 
Join Date: Aug 2008
Location: Seattle
Posts: 17
My Ride: 2003 330i
Quote:
Originally Posted by NFRs2000nyc View Post
Absolutely. I have personally seen MUCH MUCH MUCH stronger cases lose against the city.
On what merit? you're able to state your opinions but weak when it comes to spelling out why.
BraveUlysses is offline   Reply With Quote
Old 07-14-2015, 12:13 PM   #11
NFRs2000nyc
Registered User
 
Join Date: Feb 2004
Location: NYC/NJ
Posts: 968
My Ride: S2000+Wrangler
Quote:
Originally Posted by BraveUlysses View Post
On what merit? you're able to state your opinions but weak when it comes to spelling out why.
Because there is zero evidence that the police had anything to do with his death, and a big ol mountain of evidence PROVING that the police had nothing to do with his death. You can feel free to read the 100 pages of talk in the Garner thread.
__________________

To view links or images in signatures your post count must be 0 or greater. You currently have 0 posts.

Last edited by NFRs2000nyc; 07-14-2015 at 12:14 PM.
NFRs2000nyc is offline   Reply With Quote
Old 07-14-2015, 12:19 PM   #12
evolved
Registered User
 
Join Date: Dec 2007
Location: Saint Louis, MO
Posts: 851
My Ride: 2015 Chevy SS
This is where I knew the agenda of the article:

Quote:
...Mr. Garner's final words - "I can't breathe"...
He wasn't strangled to death, either.
__________________

Present
2015 Chevrolet SS
Past
2011 BMW 335d, 2011 BMW 135i, 2006 Mazdaspeed 6 GT, 2000 BMW 323ci, 2003 Evolution VIII, 1995 Nissan 240sx w/ SR20DET



To view links or images in signatures your post count must be 0 or greater. You currently have 0 posts.

Last edited by evolved; 07-14-2015 at 12:19 PM.
evolved is offline   Reply With Quote
Old 07-14-2015, 12:21 PM   #13
bagher
Account closed.
 
bagher's Avatar
 
Join Date: Aug 2005
Posts: 17,917
Send a message via AIM to bagher
Quote:
Originally Posted by evolved View Post
This is where I knew the agenda of the article:



He wasn't strangled to death, either.
Eric Garner, the Staten Island dad who complained that he couldn’t breathe as he was subdued by cops, died from compression of the neck, the medical examiner said Friday.

The autopsy also found that compressions to the chest and “prone positioning during physical restraint by police” killed Garner. The manner of death, according to the medical examiner, was homicide.
bagher is offline   Reply With Quote
Old 07-14-2015, 12:25 PM   #14
NFRs2000nyc
Registered User
 
Join Date: Feb 2004
Location: NYC/NJ
Posts: 968
My Ride: S2000+Wrangler
Quote:
Originally Posted by bagher View Post
Eric Garner, the Staten Island dad who complained that he couldn’t breathe as he was subdued by cops, died from compression of the neck, the medical examiner said Friday.

The autopsy also found that compressions to the chest and “prone positioning during physical restraint by police” killed Garner. The manner of death, according to the medical examiner, was homicide.
Once again...all of that doesn't mean what you think it means. He spoke to paramedics LONG after the hold. The reason why he was in a hold was also his fault. If this went to trial, the judge would award them diddly sh!t.
__________________

To view links or images in signatures your post count must be 0 or greater. You currently have 0 posts.
NFRs2000nyc is offline   Reply With Quote
Old 07-14-2015, 12:25 PM   #15
evolved
Registered User
 
Join Date: Dec 2007
Location: Saint Louis, MO
Posts: 851
My Ride: 2015 Chevy SS
Quote:
Originally Posted by bagher View Post
Eric Garner, the Staten Island dad who complained that he couldn’t breathe as he was subdued by cops, died from compression of the neck, the medical examiner said Friday.

The autopsy also found that compressions to the chest and “prone positioning during physical restraint by police” killed Garner. The manner of death, according to the medical examiner, was homicide.
Do you want to talk about the rest of that statement by the Med Examiner discussed? Asthma, heart condition, and obesity were also the cause.

I'm not denying that the NY LEO's were wrong in their actions, but let's be clear, here.
__________________

Present
2015 Chevrolet SS
Past
2011 BMW 335d, 2011 BMW 135i, 2006 Mazdaspeed 6 GT, 2000 BMW 323ci, 2003 Evolution VIII, 1995 Nissan 240sx w/ SR20DET



To view links or images in signatures your post count must be 0 or greater. You currently have 0 posts.
evolved is offline   Reply With Quote
Old 07-14-2015, 12:27 PM   #16
bagher
Account closed.
 
bagher's Avatar
 
Join Date: Aug 2005
Posts: 17,917
Send a message via AIM to bagher
[QUOTE=NFRs2000nyc;16693569 He spoke to paramedics LONG after the hold. The reason why he was in a hold was also his fault. [/QUOTE]

Are you referring to the illegal choke hold?
bagher is offline   Reply With Quote
Old 07-14-2015, 12:28 PM   #17
bimmerfan08
Registered User
 
Join Date: Feb 2009
Location: Somewhere over the rainbow
Posts: 4,907
My Ride: E46 M3
Quote:
Originally Posted by evolved View Post
Do you want to talk about the rest of that statement by the Med Examiner discussed? Asthma, heart condition, and obesity were also the cause.

I'm not denying that the NY LEO's were wrong in their actions, but let's be clear, here.
I was going to ask for the full report but you beat me to it.
__________________
Quote:
“But as I look overall at the capitalist economies, there are a lot of good things doing, and I think you can tune the tax parameters and get way more equity and get some additional government services and still be in the same basic framework.”
bimmerfan08 is offline   Reply With Quote
Old 07-14-2015, 12:53 PM   #18
BraveUlysses
Registered User
 
Join Date: Aug 2008
Location: Seattle
Posts: 17
My Ride: 2003 330i
Quote:
Originally Posted by bagher View Post
Are you referring to the illegal choke hold?
ITT nfr struggles with basic word definitions.
BraveUlysses is offline   Reply With Quote
Old 07-14-2015, 01:27 PM   #19
NFRs2000nyc
Registered User
 
Join Date: Feb 2004
Location: NYC/NJ
Posts: 968
My Ride: S2000+Wrangler
Quote:
Originally Posted by bagher View Post
Are you referring to the illegal choke hold?
Nope...not a chokehold. Have you ever had any martial arts training? A choke hold is against the law. A vascular hold is within the law. What you saw was a vascular hold, which is a VERY effective method of restraining someone.
__________________

To view links or images in signatures your post count must be 0 or greater. You currently have 0 posts.
NFRs2000nyc is offline   Reply With Quote
Old 07-14-2015, 01:29 PM   #20
NFRs2000nyc
Registered User
 
Join Date: Feb 2004
Location: NYC/NJ
Posts: 968
My Ride: S2000+Wrangler
Quote:
Originally Posted by BraveUlysses View Post
ITT nfr struggles with basic word definitions.
You on beej's band wagon? Maybe today you can learn a thing or two. Again, a vascular hold and a choke hold are very different. What you CLEARLY see in the video is a vascular hold.....and 1001 experts would testify to that in court.
__________________

To view links or images in signatures your post count must be 0 or greater. You currently have 0 posts.
NFRs2000nyc is offline   Reply With Quote
Reply

Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Censor is ON



All times are GMT -5. The time now is 03:14 AM.


Powered by vBulletin® Version 3.8.8
Copyright ©2000 - 2019, vBulletin Solutions, Inc.
vBulletin Security provided by vBSecurity v2.2.2 (Pro) - vBulletin Mods & Addons Copyright © 2019 DragonByte Technologies Ltd.
(c) 1999 - VerticalScope Inc. All rights reserved.