New York City to pay $5.9 million to family of Eric Garner

[webfact]

NYC reaches $5.9 million settlement in chokehold death case
COLLEEN LONG, Associated Press
DEEPTI HAJELA, Associated Press

NEW YORK (AP) — The family of a black man who died after being placed in a white police officer's chokehold reached a $5.9 million settlement with New York City on Monday, days before the anniversary of his death.

Eric Garner's family in October filed a notice of claim, the first step in filing a lawsuit against the city, asking for $75 million.

Garner's death sparked demonstrations and became a flashpoint in a national debate about relations between police and minority communities.

Garner, who was 43, was stopped last July 17 outside a convenience store in the borough of Staten Island because police officers believed he was selling loose, untaxed cigarettes. A video shot by an onlooker shows Garner telling the officers to leave him alone and refusing to be handcuffed.

An officer, Daniel Pantaleo, placed his arm around Garner's neck to take him to the ground. Garner, who had asthma, is heard gasping "I can't breathe!" 11 times before he loses consciousness. He was pronounced dead later at a hospital.

The city medical examiner found that the police chokehold contributed to Garner's death. But a grand jury declined to indict the officer in the death. A federal probe is ongoing.

Chokeholds are banned by New York Police Department policy. Pantaleo says he used a legal takedown maneuver, not a chokehold.

While the city has a legal department that fields lawsuits, the comptroller's office also can settle claims. Comptroller Scott Stringer has made a point of doing that in civil rights cases, saying that resolving them quickly saves the city money on legal fees.

"Following a judicious review of the claim and facts of this case, my office was able to reach a settlement with the estate of Eric Garner that is in the best interests of all parties," Stringer said.

The city did not admit any liability.

Mayor Bill de Blasio said that hopefully Garner's family "can find some peace and finality" from the settlement.

"By reaching a resolution, family and other loved ones can move forward even though we know they will never forget this tragic incident," said de Blasio, who was scheduled to speak Tuesday at a church memorial service in Garner's honor.

Longtime civil rights attorney Jonathan Moore, the family's lawyer, said there also was a settlement with the Richmond University Medical Center, which responded to the scene. That settlement is confidential, and there was no one available at the hospital to comment. Moore said there would be a press conference Tuesday with the Rev. Al Sharpton, a prominent civil rights activist, and the family.

Sharpton said the settlement to the family was deserved but didn't resolve the larger questions around policing and minorities. He said a rally planned for Saturday calling for an expedited federal investigation into Garner's death would go on as planned.

"We did not march and build a movement just to get money," he said.

The city has reached settlements in other high-profile cases involving deaths of black men at the hands of police officers. In 2004, the city agreed to pay $3 million to settle a lawsuit brought by the family of Amadou Diallo, a West African immigrant who was shot by four police officers in 1999.

In 2010, the city agreed to pay $3.25 million to the estate of Sean Bell, who was killed in 2006 outside a strip club while leaving his bachelor party. Police had targeted the club for an undercover operation.

In January, the city settled with the family of teenager Ramarley Graham, who was shot by a police officer in 2012, for $3.9 million.

-- (c) Associated Press 2015-07-14

[sgtsabai]

I'm glad they got some compensation but the murderer is still free with not a chance of ever being brought to justice.

[atyclb]

Make a deal, pay some money, seems a lot like another country we all know LOL.

Mind boggling how 5.9 million to the family but it is not an admission of liability. Just more bad news for the taxpayers.

[IAMHERE]

wonder what the method was that they figured his life was worth nearly six million?

[phil2407]

Why has the medical center that responded had to pay out as well?

[cookee68]

This all stemmed from him resisting arrest, should have just gone peacefully then took it from there, this has happened to many white people too, but they don't seem to get anything out of it, not even a little street protest

[copa8]

wonder what the method was that they figured his life was worth nearly six million?

Maybe b/c they figure Garner still had a lot to offer/contribute to society, had he been still alive. The 30 arrests in 34 years just happened at an unfortunate time in his life. He was in the process of turning his life around.

[NeverSure]

wonder what the method was that they figured his life was worth nearly six million?

There is a doctrine in US law that the only way you can compensate for some things is with money. Nothing can bring a life back.

The more egregious an act, the more likely that the plaintiffs would ask for "punitive damages." Punitive damages are available to punish and not just compensate. They also send a message to all of society to not repeat the same act.

It's possible that the city could have been afraid of punitive damages which although are often 3X the actual damage award can go through the roof in some circumstances. If the defendant is wealthy it takes more money to punish.

My guess is that the city decided to corral the amount to a known amount rather than waiting ten years for a trial and all appeals when it may have wound up paying even more. The attorneys fees for something like this can run into the millions.

It's usual that the attorneys for the plaintiff get 25 or 30% of this and would have gotten 40% if it went through a trial and perhaps appeals.

Edit: One would think that the city had liability insurance for this. If so, the insurance company may have made the decision. If the insurance company's risk assessment told them to pay, the city would have no choice unless it wanted to forego the insurance and go on its own. Since an insurance company foots the bill for the legal expenses and any award, it gets to make the call as long as guilt isn't admitted.

Edited July 14, 2015 by NeverSure