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NEW YORK

Cops retreat on arrest policy

By G. Dunkel

New York

The New York City Police Department has decided to cut its losses. On July 13, it openly rescinded a policy that had kept people who were arrested for minor offenses at political demonstrations in jail overnight and sometimes for up to 36 hours. Over 1,000 people lost a day of their lives over the past two years because of this policy.

The decision was announced the day after New York City and the Patrolmen's Benevolent Association, the association representing the cops, settled Abner Louima's suit for $8.4 million. Four years ago cops tortured Louima in a precinct house with a broken broomstick so badly that he had to spend three months in a hospital. The PBA agreed to pay $1,625,000 of the award for its role in organizing the cover-up.

The cops had put their "preventive detention" rule into effect after a special "street crimes" unit shot an unarmed African immigrant, Amadou Diallo, 41 times while he was just standing in the entrance to his apartment building. This outrage so infuriated the people of New York that thousands chained themselves to the doors of police headquarters demanding a real investigation instead of the usual cover-up. The cops wanted to slow down the protesters and make it harder to bring people out to demonstrations that were a real challenge to their authority.

Preventive detention actually went into effect in the spring of 1999, but wasn't written down until May 1 of this year. The issue of whether or not the cops deliberately picked May Day, with its historical and political significance, to do so does not seem to have been raised in a suit filed by the New York Civil Liberties Union.

The NYCLU had been well aware that the policy was in effect, but held off suing until it was in writing. Christopher Dunn, the NYCLU attorney handling the case, said, "We believe this [policy] was designed to deter people from participating in demonstrations and to punish people who participated in demonstrations. Anyone else who got arrested for a minor offense in New York City was eligible for a desk appearance ticket. It clearly violated the First Amendment rights of New Yorkers."

The cops settled because the political climate in New York is currently running against them and they would probably lose the suit. This way, since they only rescinded a policy, they are free to re-impose it.

This article is copyright under a Creative Commons License.
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