


New York City has agreed to pay more than $13 million — or nearly $10,000 each — to demonstrators who were arrested or beaten by cops during the 2020 Black Lives Matter protests over the police killing of George Floyd in Minnesota.
The proposed class-action settlement, which still needs to be approved by a judge, would be one of the most expensive payouts awarded in connection with a mass arrest lawsuit in history, according to experts.
The agreement, filed in Manhattan federal court on Wednesday, would award most of the approximately 1,300 plaintiffs who were arrested or subjected to force by police about $10,000 each, according to their attorneys.
The lawsuit, filed against the city, then-Mayor Bill de Blasio and Commissioner Dermot Shea, as well as other police officials and officers, argued that thousands of New Yorkers who “exercised their constitutional rights” were “corralled into places where they could not escape” during the widespread demonstrations.
The plaintiffs were then beaten “with batons, sprayed .. with pepper spray, and arrested … without lawful justification, all without fair warning,” lawyers argued in the court documents.
Plaintiffs marching against racially-targeted police brutality were allegedly “physically restrained” and put “in dangerously close quarters, all in the height of the global COVID-19 pandemic,” lawyers said, arguing the same tactics were not used during similarly sized protests of different issues, according to the complaint.
“It was so disorganized, but so intentional,” said Adama Sow, a plaintiff who claimed their group of marchers were cornered by police, placed in zip ties until their hands turned purple and held on a hot bus for hours.
“They seemed set on traumatizing everyone.”
The settlement agreement applies to protestors at 18 marches or demonstrations in Brooklyn and Manhattan between May 28 and June 4 of 2020.
During more than two years of litigation, city attorneys argued police tactics had been scaled to manage the chaotic situation, and pointed to incidents where some unruly protestors had thrown objects at police or set their cars on fire.
Lawyers also argued that a June 4, 2020 “violent assault” on protestors in the Bronx’s Mott Haven section “exemplified the worst of the NYPD’s unconstitutional protest policing tactics and insufficient training,” claiming police trapped volunteer medics and organizers so they would not be able to comply with a citywide curfew or orders to disperse, before attacking them.
The lawsuit noted that Shea, then the NYPD commissioner, defended the tactics employed by officers during that protest, saying they “executed” their policing “nearly flawlessly.”
Some 300 demonstrators “kettled” or beaten by cops in that incident were awarded at least $21,500 each in a $6 million settlement with the city earlier this year. They were excluded from Wednesday’s settlement agreement.
The city did not admit fault in connection with the lawsuit, but settled to avoid a politically fraught rehashing of the events at trial and “resolve the issues raised in this litigation without further proceedings,” court documents said.
During the protests, the city had invoked qualified immunity to protect officers from lawsuits and continued to deny the NYPD’s methods violated the civil rights of New Yorkers in the settlement.
“There is no history — or present or future — of unconstitutional policing,” Georgia Pestana, an attorney for the city, wrote in a memo. “There is no frequent deprivation of constitutional rights.”
The class-action in question did not look to force the NYPD to change its procedures, but other ongoing litigation is aimed at achieving that goal — including a suit brought by New York Attorney General Letitia James that demands a federal monitor to oversee the NYPD’s protest policies.
The demonstrations came as national outrage about police brutality against black people reached a boiling point on May 26, when a clip of former Minneapolis cop Derek Chauvin kneeling on Floyd’s neck for more than nine minutes the day prior went viral. Floyd, who was killed during the encounter, was unarmed and suspected of using a counterfeit $20 bill to buy cigarettes.
Sporadic looting and vandalism occurred in tandem with the widespread racial injustice protests that followed in the spring and summer of 2020, though the vast majority of the demonstrations in New York City were peaceful.
With Post wires