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JPMorgan, NYC Sued by NY Pols Over OWS Protest
May 1, 2012
[ By Melanie Gretchen ]
JPMorgan and The City of New York are among defendants being sued by 4 New York City Counsel members over claims the police used excessive force in the handling of Occupy Wall Street ("OWS") protestors. Brookfield Office Properties - which owns Zuccoti Park - and Mayor Michael Bloomberg are also named.
Complaint Allegations. The NY Police Department allegedly made false arrests and violated free-speech rights of protestors and journalists last year during the Occupy movement, according to the claim filed by Counsel members Jumaane Williams, Letitia James, Ydanis Rodrigues, and Melissa Mark-Viverito. Members of the movement camped in Zuccotti Park near Wall Street, from 9/17/12 to 11/15/12, when they were evicted by police.
The following month, Occupy Wall Street demonstrators were denied access to One Chase Manhattan Plaza, which "has traditionally been used as a public space for public speech," like the park, nicknamed "Liberty Park." On 10/12/12, demonstrators tried to present JPMorgan CEO Jamie Dimon with a large symbolic check representing the tax breaks he would anticipate getting in New York state. They were blocked by police barricades and officers, denying them access to the plaza.
"Through unlawful exercises of public power and misapplication of law, the NYPD has sought to prevent and has prevented plaintiffs and other citizens from exercising certain constitutional rights, including the right to public assembly and expressive speech," the complaint said.
Second Lawsuit. In a separate federal case, 5 demonstrators earlier this week sued Police Commissioner Raymond Kelly and various officers for detaining them in an interlocking metal barricade during a protest on 11/30/12, in front of a Sheraton Hotel where President Barack Obama attended a fundraiser. The plaintiffs, who asked that the case be certified as class-action said, alleged that protestors couldn't leave for almost 2 hours, though they were "never charged with any violation, misdemeanor or crime," Phoebe Berg and others claim.
Sanctions. In the case of the first lawsuit, police should be subject to an outside monitor. In the second instance, the police violated their rights to freedom of speech, association, and assembly, the complaint said, as well as freedom from unreasonable seizure. Going forward, the group asked for an order barring the NYPD from the unlawful use of barricades.
The cases: Rodriguez v. Winski, 12-cv-3389, and Berg v. Kelly, 12-cv-3391, U.S. District Court, Southern District of New York (Manhattan).
For further details, go to [Bloomberg, 4/30/12].

