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2 Protesters to Sue City for Alleged Civil Rights Violations

Monday, November 21, 2011

Two anti-Wall Street protesters are filing a federal civil rights lawsuit against the city and police department Monday, alleging they were unlawfully searched and unlawfully arrested after participating in a protest at a Citibank branch in Greenwich Village last month.

Heather Carpenter, a nursing student, and her fiancé, Julio Jimenez, both 23, had joined about 20 Occupy Wall Street marchers who descended upon the bank on October 15 to rally against predatory lending practices and excessive fees. Some of them, including Carpenter, closed their Citibank accounts that day.  

Ron Kuby, who is representing both Carpenter and Jimenez, said Carpenter had already exited the bank after withdrawing her money, but an undercover police officer recognized her as one of the marchers and pulled her back into the bank.

"He grabs her, bear hugs her, and actually ends up lifting her, literally, by her breasts with either hand and drags her into the vestibule of Citibank," Kuby said.

Jimenez was grabbed by the neck and dragged back into the building, according to Kuby. Both Carpenter and Jimenez were charged with resisting arrest and criminal trespass.  

"This is currently a new crime of trespass," Kuby said. "The police drag you by your neck or by your breasts into a private building, and then you arrest you for being there."

He said the Manhattan District Attorney's Office has informed him the trespassing and resisting arrest charges against both his clients will be dropped.

The lawsuit does not specify the amount they seek in damages.  

The New York City Law Department said they will review the plaintiffs' papers after the city is served with the complaint.

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Comments [9]

Bob1313

Herb,
I would venture to guess that millions of people saw Heathers arrest, either on the web or television.
The cops were wrong. Bloomberg's approach is wrong. If the city really can't afford these lawsuits, maybe the mayor ought to pony up, or call off his thugs.
You might want to do a little research before you accuse NPR of not doing theirs.

Nov. 22 2011 05:42 PM
sue nyc from nyc

everyone arrested should sue CLASS ACTION style

Nov. 22 2011 12:27 AM
william f. bankhead from Brookklyn, NY

Yes- SUE THE CITY-PIGS ! If you violate the laws, the law must protect the people ! If the laws mean nothing to the Police then just when do they think it'll mean something to anybody else ? Aslo, do not forget to file aa federal Criminal charge under Title 18 U.S.C. Section 254, and research the FBI website on "abuses under color of law." It is a federal crime to commit such acts as described

Nov. 21 2011 02:19 PM
Chuck from Brooklyn

Herb,

Perhaps you should do some reading of you own.

-C

Nov. 21 2011 09:42 AM
Jess from Park Slope

Good article, more wasted tax money by Bloomberg and Kelly's gangsters... the photo though is in no way representative of the bank arrests

Nov. 21 2011 09:08 AM
Herb from NYC

Public radio should do "investigative reporting. Where is all this $$ coming from? These demonstrations cost $$, law suits cost $$. Don't these people work ? look for work??

Nov. 21 2011 08:56 AM

It's clear that the _only_ thing that Michael Bloomberg and his chief thug Ray Kelly understand is money and force. So suing is the only option. The problem is that the judiciary in the Unites States has so completely abandoned its duty to act as a balance to the excesses of the executive and legislative branches that we really have no hope at all of these two or any others getting a fair hearing.

Nov. 21 2011 08:02 AM
borderraven

I saw it as false arrest and kidnapping.
A it was an unlawful arrest and kidnapping, the victims should have resisted and made every attempt to break out from the bank, including damaging walls and windows.

Nov. 21 2011 12:30 AM
Kenn Space from Seattle

Dear Mayor McGinn,

Did you see were the retired Police Chief of Philadelphia got arrested at occupy NY? He called the NY City police; “‘obnoxious, arrogant and ignorant’”. Now the NYC Police and the Seattle Police have something in common! Please get your officers to respect people and knock off the pepper spray free for all. This occupation movement has just begun, and if the City of Seattle and their police treat them as they have, you are setting up a terrible mess.

Sincerly,
Kenn

Dear Mr. President,

There is a very large demonstration being planned for January 20th, 2012 at the Federal Courthouse at 700 Stewart street in Seattle, - and at every Federal Courthouse in the United States.. There are many groups organizing and "gearing up" for this demonstration. I will be promoting and advertising it. This "occupy movement" has only just begun. I suggest you figure out your plan of action and response; The rules of engagement; - Need a way better understanding of what is going on; - than during WTO in Seattle. Treat the people like they are the enemy, and they will become it

January 20, 2012 – Move to Amend Occupies the Courts!

Move To Amend is planning bold action to mark this date — Occupy the Courts — a one day occupation on Friday January 20, 2012, of the Federal Courts, including the Supreme Court of the United States and as many of the 89 U.S. District Court Buildings as we can. (I am inspired by Doctor Martin Luther King who said; "a true revolution of values", ... "there comes a time when silence is betrayal"., "people are not gonna be silenced".). Move to Amend will lead the charge on the judiciary which created — and continues to expand — corporate personhood rights.

Please Sign the petition to amend the Constitution for revoking corporate personhood at:

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http://open.salon.com/blog/kennspace/2011/10/28/corporate_occupation_of_the_united_states_1

Nov. 21 2011 12:28 AM

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