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June 16, 2000
Black Officers Win Lawsuit Over Move to Louima Precinct
fter
Abner Louima was sodomized at a police station house in Brooklyn
in 1997, the Police Department, sensitive to community anger in
the racially charged case, decided to transfer 24 black officers
into the precinct to diversify it.
But yesterday, a jury
found that the transfers themselves were discriminatory. As a
result, the 24 officers, who had sued the department over the
transfers in Federal District Court in Manhattan, were awarded
$50,000 each by the jury.
The lawsuit was brought
by the Patrolmen's Benevolent Association, and during the trial,
Police Commissioner Howard Safir testified in defense of his
decision to transfer the officers.
According to federal
law, Mr. Safir has the right to make transfers based on emergency
or operational need, an issue that was central to the trial.
At the trial, James Lemonedes, senior counsel for the New York
City law department, argued that after the assault on Mr. Louima,
Mr. Safir faced the potential of a civil disturbance on the scale
of the one in Los Angeles in which blacks rioted after four white
police officers were acquitted of beating a black motorist, Rodney
King.
To prevent such a
crisis, Mr. Safir ordered the transfers because they satisfied
the community's desire for a more integrated precinct, Mr. Lemonedes
said. The officers were transferred from surrounding precincts
and were allowed to retain their ranks and salary, he said, in
an effort to minimize disruption to their lives.
But Gregory Longworth,
one of the lawyers for the plaintiffs, argued that there was
no operational need for the transfers, which he said were based
on race and therefore were unconstitutional. As well, he said,
the transferred officers entered a hostile environment at the
70th Precinct, where remaining officers viewed them as potential
spies for the department's Internal Affairs Bureau, which investigates
police corruption.
The jury found that
the transfers were discriminatory and unconstitutional, and ruled
that the city should pay compensatory damages of $50,000 each
to the 22 police officers and 2 sergeants who were transferred.
Patrick J. Lynch,
the president of the Patrolmen's Benevolent Association, said
that the verdict showed that the Police Department could no longer
uproot an officer based on race.
"These were people
who had roots in the community and it disrupts their lives and
it disrupts their careers," he said, adding, "You cannot
get better community relations if you summarily transfer people
in and out of commands."
The city will review
all its options, from appealing the jury's verdict to demanding
a new trial, Mr. Lemonedes said.
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