March 4, 2000

Black Cops Awarded 1.2M In Louima-Linked Transfers

By GREG B. SMITH
Daily News Staff Writer

Two dozen black cops won a $1.2 million verdict against the city yesterday when a jury decided the city failed to prove it had to transfer African-Americans into Brooklyn's 70th Precinct to maintain the peace after Haitian immigrant Abner Louima was brutalized by a white cop.

Police officials had acknowledged they deliberately moved 35 officers, two sergeants and a lieutenant into the precinct because of the color of their skin. The intent of the transfers was to calm racial tensions inflamed by the August 1997 Louima incident.

The civil rights suit was filed by 22 officers and two sergeants.

The mostly white jury in Manhattan Federal Court ordered the city to pay the plaintiffs $50,000 each.

During the three-week trial, Police Commissioner Howard Safir testified he had every right to base the transfers on race because he had a "compelling governmental interest" in calming the racially charged tension.

"We announce it. We proclaim it," Assistant Corporation Counsel James Lemonedes said during closing arguments. "That [race] is exactly what the primary factor was in these transfers."

Lawyers for the Patrolmen's Benevolent Association and Sergeants Benevolent Association argued that all transfers must remain race-neutral.

"This is simply a microcosm of a larger issue," said Marshall Trager, a PBA lawyer, noting that many of the black officers were called "Uncle Toms" by black residents after they were moved into the area.

"If they had taken the best across the board — black, white, Chinese, whatever — this wouldn't have been a problem," said Sgt. Margo McKenzie. "When you use us because of our skin color, that's where you get into trouble."

After the verdict Judge Shira Scheindlin told the jury the suit presented "a very important case" that "will have very important consequences in the future."

City lawyers said they would consider appealing. Deputy Police Commissioner Marilyn Mode, Safir's spokeswoman, declined to comment.