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kathi881

Junior Member
What is the name of your state?What is the name of your state? New York

I have a claim against the City of New York. I was arrested for disorderly conduct. A cop was double parked blocking traffic with his patrol car talking to a friend. As I drove past him, I told him he should move. Forgetting something at the store, I made a K turn and drove past him again going the other way. As I went by, he yelled out of his window "do you want a piece of this?" I turned the corner and parked my car. I got out of my car and walked in the direction of the patrol car.

He rolled down his window and asked me what my problem was. I said "you're the problem. Look behind you, you're obstructing traffic." To make a long story short, he placed me under arrest for disorderly conduct and put me in the back of the patrol car. I asked the officer numerous times why I was being arrested and he said “it‘s a slow night.”

I obtained an attorney and he filed a claim on my behalf against The City of New York. The charges include violation of my first, fourth, eighth and twelfth amendment rights. The total amount of damages he requested was $12 million.

Approximately one year later, I encountered the same officer outside of a candy store on Bainbridge Avenue in the Bronx. As I walked past him, I glanced at his name. He asked me what I was looking at and I told him “your name.” He followed me into the store and pushed his stomach and chest up against me and just stood there. I asked him if he wanted to get by and he said no. I asked him to back up and he continued to stand there. I asked him if he knows what assault is and he replied “yes.” I was once again, stunned by his behavior.

I filed a complaint with Civilian Complaint Review Board. They sent investigators to my home and they ultimately decided my case was unfounded. I later learned that they improperly categorized my complaint as Physical Force when in reality it should have been categorized as Abuse of Authority. Go figure.

I told my lawyer about the incident but he didn’t feel it was necessary to add it to my claim against The City. I don’t get that. It seems that would be a good part of the case.

On November 29, 2004 my case was finally heard. Instead of asking for $12 million he asked for $50,000. I know $12 million was a ridiculous amount of money but I also feel that $50,000 is too low of an amount.

The City countered with an amount of $2,000. The disorderly conduct ticket was dismissed when I appeared in court in January 2000. At the November hearing, my attorney did not have a "Certificate of Disposition" and he says that's why The City countered with such a low amount. I learned a couple of days later that he had the Certificate of Disposition in my file but he forgot to bring it to the hearing.

My claim has now been postponed until June 13, 2005. My lawyer requested a trial hearing.

My lawyer didn't tell me that he planned to ask for $50,000. I would have disagreed and asked for $100,000.

My question is this: Even though he has already asked for $50,000, when the Certificate of Disposition is produced can I ask for an increase to $100,000 or am I bound to the $50,000 because that's what he already asked for? If I am bound to the $50,000, can I just take it to trial?

I also want to know if I can retain another lawyer so they can both represent me.

Thanks for taking the time to read this. I appreciate whatever advice I can get.

Ed

Happy Holidays To All!
 


You Are Guilty

Senior Member
You can ask for whatever you want in a settlement. I can tell you, though, that it makes exactly -0- difference whether you ask for $50k or $100k as you're not going to get anything close to that, Cert of Disp or not. Frankly, I'm even a little surprised at the $2k offer.

Of course, if it goes to trial, you may just end up with enough of a cop-hating jury that you can get your $100,000 verdict. Your happiness will be short lived, as that amount, (or anything close to it), will probably be struck down as not sustainable.

Then again, you might also get a jury of all former officers and not only will you get the big goose egg, you'll have a lot of very unfriendly faces to walk through when you leave.

Also, you can hire as many lawyers as you like, although if the first is being paid on a contingency basis, the second will almost certainly want a retainer.


PS: The CCRB is a waste of time - your lawyer should have told you that.


PPS: You know, none of this would have happened if you had left well enough alone and walked away from the situation.
 
H

HBny

Guest
Youll BE Sorry

You now NYC is a big place and theres alot that happens in the precients.It sounds to me that you share the same attitude as i do toward NYC cops left over from the RUDY days,but i wouldnt push these guys around as you may very well need them to assist you in this crazy town. Its not worth your time and agravation for a few dollars.
 

stevek3

Member
kathi881 said:
What is the name of your state?What is the name of your state? New York

I have a claim against the City of New York. I was arrested for disorderly conduct. A cop was double parked blocking traffic with his patrol car talking to a friend. As I drove past him, I told him he should move. Forgetting something at the store, I made a K turn and drove past him again going the other way. As I went by, he yelled out of his window "do you want a piece of this?" I turned the corner and parked my car. I got out of my car and walked in the direction of the patrol car.

He rolled down his window and asked me what my problem was. I said "you're the problem. Look behind you, you're obstructing traffic." To make a long story short, he placed me under arrest for disorderly conduct and put me in the back of the patrol car. I asked the officer numerous times why I was being arrested and he said “it‘s a slow night.”

I obtained an attorney and he filed a claim on my behalf against The City of New York. The charges include violation of my first, fourth, eighth and twelfth amendment rights. The total amount of damages he requested was $12 million.

Approximately one year later, I encountered the same officer outside of a candy store on Bainbridge Avenue in the Bronx. As I walked past him, I glanced at his name. He asked me what I was looking at and I told him “your name.” He followed me into the store and pushed his stomach and chest up against me and just stood there. I asked him if he wanted to get by and he said no. I asked him to back up and he continued to stand there. I asked him if he knows what assault is and he replied “yes.” I was once again, stunned by his behavior.

I filed a complaint with Civilian Complaint Review Board. They sent investigators to my home and they ultimately decided my case was unfounded. I later learned that they improperly categorized my complaint as Physical Force when in reality it should have been categorized as Abuse of Authority. Go figure.

I told my lawyer about the incident but he didn’t feel it was necessary to add it to my claim against The City. I don’t get that. It seems that would be a good part of the case.

On November 29, 2004 my case was finally heard. Instead of asking for $12 million he asked for $50,000. I know $12 million was a ridiculous amount of money but I also feel that $50,000 is too low of an amount.

The City countered with an amount of $2,000. The disorderly conduct ticket was dismissed when I appeared in court in January 2000. At the November hearing, my attorney did not have a "Certificate of Disposition" and he says that's why The City countered with such a low amount. I learned a couple of days later that he had the Certificate of Disposition in my file but he forgot to bring it to the hearing.

My claim has now been postponed until June 13, 2005. My lawyer requested a trial hearing.

My lawyer didn't tell me that he planned to ask for $50,000. I would have disagreed and asked for $100,000.

My question is this: Even though he has already asked for $50,000, when the Certificate of Disposition is produced can I ask for an increase to $100,000 or am I bound to the $50,000 because that's what he already asked for? If I am bound to the $50,000, can I just take it to trial?

I also want to know if I can retain another lawyer so they can both represent me.

Thanks for taking the time to read this. I appreciate whatever advice I can get.

Ed

Happy Holidays To All!
Hey, Big Ed. Getta life. After your lawyer takes his cut, which I'm assuming is your agreement with him, you're still getting a nice chunk of change for being a troublemaker. You call a guy in blue a "big fat tub of goo," and you're actually getting $$$ for it. How many guys ever get the same opportunity? Nobody except black guys and guys with Spanish accents, that's who. So just shut up, find a real job that doesn't involve heckling cops, and move on. That's my "advice."

By the way, I'm curious what it was you forgot at the store that led to this whole series of events. Batteries for your ankle bracelet?
 

You Are Guilty

Senior Member
stevek3 said:
By the way, I'm curious what it was you forgot at the store that led to this whole series of events. Batteries for your ankle bracelet?
Steven! I'm shocked that you would insinuate that he is anything but a fine and upstanding citizen of this city! You should be ashamed of yourself for even thinking that! Especially since he was just going back to get the latest issue of the Gay Times to see if they finally spelled "marsupial" correctly in his personal ad. Get your mind out of the gutter!
 

kathi881

Junior Member
Thanks For Your "Advice"

Go ahead and have your fun. You weren't there and I strongly suspect you don't live in the Bronx so you have no right to pass judgement. For the record, I have never been in trouble with the law and I never expected to be arrested for telling a cop he's blocking traffic. I thought that's what the first amendment is supposed to be about.

I do have a life. I only came here seeking advice, not to be the brunt of your useless sarcasm.

While the majority of NYC's cops are dedicated, hard working and an asset to their uniform, there are a lot that are not.


Since you asked, I was on my way to the store to get "The Gay Times" because you and your father had an ad offering sex at group rates.

:p
 

rmet4nzkx

Senior Member
kathi881 said:
Go ahead and have your fun. You weren't there and I strongly suspect you don't live in the Bronx so you have no right to pass judgement. For the record, I have never been in trouble with the law and I never expected to be arrested for telling a cop he's blocking traffic. I thought that's what the first amendment is supposed to be about.

I do have a life. I only came here seeking advice, not to be the brunt of your useless sarcasm.

While the majority of NYC's cops are dedicated, hard working and an asset to their uniform, there are a lot that are not.


Since you asked, I was on my way to the store to get "The Gay Times" because you and your father had an ad offering sex at group rates.

:p
Oh I thought it was you and YOUR brother trying to s***w a car dealer :p
https://forum.freeadvice.com/showthread.php?t=211077
This post only proves what NY's finest have to deal with in the Bronx! Ah heck another Bronx cheer :p
 

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