$3 Million

[SHERIFF]

Tuesday, January 6, 2004

NEW YORK (CNN) -- New York City has agreed to pay $3 million to the family of Amadou Diallo, the unarmed West African immigrant shot to death by police nearly five years ago.

The settlement was confirmed by Kate O'Brien Ahlers, a spokeswoman for the city's legal department, and Anthony Gair, the attorney for Diallo's divorced parents, Kadiatiou and Saikou Diallo, who will share the settlement equally.

"Having gone through all these years and this painful experience, I think it is finally good to get closure," Amadou's mother, Kadiatiou, said in a telephone interview with CNN. But she added, "You cannot put a number on a human value."

The lawsuit stemmed from a February 4, 1999, incident outside Diallo's apartment when four police officers searching for a suspected rapist after midnight came across Diallo, whom they thought resembled the suspect.

When the officers tried to question Diallo, he reached into his pocket for his wallet, which the officers mistakenly thought might be a gun. They fired 41 shots at Diallo, hitting the 22-year-old street vendor 19 times.

The officers -- Kenneth Boss, Sean Carroll, Edward McMellon and Richard Murphy -- were acquitted in 2000 of state murder charges. At that trial, the officers said they panicked when Diallo allegedly ran from them and appeared to pull out a gun. But there was no gun and Diallo was shot to death on his doorstep.

U.S. Justice Department in early 2001 met with Diallo's parents and said they believed they did not have enough evidence to continue prosecution against the four officers.

An NYPD internal affairs probe concluded that the officers, members of an aggressive street crimes unit credited with seizing illegal weapons, acted within departmental guidelines by acting on the "honest but mistaken belief that their lives were in imminent danger."

Diallo had no criminal record since emigrating from the West African nation of Guinea.

The police disbanded the unit after the Diallo killing. The shooting set off an investigation into racial profiling.

Murphy and McMellon have become New York firefighters. Carroll and Boss have been relegated to police desk duty, although Boss recently sued the department to be reinstated to patrol duty.

"The mayor, the police department and the city deeply regret what occurred and extend their sympathies to the Diallo family," said Michael Cardozo, the city's corporation counsel in a written statement.

Diallo's parents originally filed an $81 million wrongful death lawsuit against the officers and the city seeking $20 million each in damages plus $41 million for pain and suffering, or $1 million for each bullet.

The suit accused the police and the city of negligence for shooting Diallo and for depriving him of his constitutional rights through excessive force, racial profiling, and inadequate officer training.

"Mr. and Mrs. Diallo have a great deal of satisfaction in seeing the case through to its conclusion and the many positive changes that have been made in the running of the New York City police department as the result of their efforts," Gair said.

Kadiatiou Diallo said she would use the settlement funds for schooling Diallo's three siblings and a for foundation she has established in her son's memory that provides scholarships for immigrant students in the United States.

[tetsu]

They were fools to settle for so little in this particular case. A jury in NYC wouldve given them alot more had they been patient.

[woaface]

1. Being under intense pressure, day in and day out, it's somewhat understandable that the officers acted as they did, even if they could have waited another couple of seconds to see what he was pulling out. I heard about this story back when I thought Rage Against the Machine (an old band) was really cool, and that the government should just crumble and all cops were beasts. Don't know what the hell I was thinking, and I'm sure not like that anymore. Kids are stupid, and will follow anti-athority groups because they're suckers for that kinda stuff.

2. That's a crap load of money that was originally filed suit for. $1 million a bullet? $81 altogether? What?! "No, there is no price on our son's life...so give us everything you've got...we're suffering." I mean the guy was shot for no reason, it was stupid. That poor guy was young, had a life ahead of him. But what the hell does $81 million have to do with it? Whatever. I wouldn't want my family asking for money if some cops shot me, even if they just wanted to! That belittles Mr. Diallo, makes his life almost insignificant, replaces it with something the family needs. I felt really bad for them all, but less now that I've heard that.

[SHERIFF]

I agree. The fact they disbanded the special op unit was worth $3 million in guilt alone...... :D

[SergntMac]

This is what makes America the great country it is. Cops make a judgement call, and when it's the wrong call, the survivors can find some kind of justice in the aftermath. It doesn't equal a human life, but it's something to work with. Spent the right way, there may be future doctors, or, statesmen among his survivors.

Had it gone the other way, had the suspect fired on the officers and killed one, or, all of them, how much would that settlement check to their survivors be made out for...Anyone?

[SHERIFF]

Originally posted by woaface
I wouldn't want my family asking for money if some cops shot me....



But I am reasonably certain they would. It's the American Way, the only manner a wrong can be undone. :D

Having wrongfully been thrown on the wrong side of the fence in 1996 by a couple of "loose cannon" cops, I can tell you.... it's something you (or your family) never get over. Not a day goes by that I don't think about what these Rambos thought you could get by with. The only consulation is knowing they had to pay me for it and they received much worse press coverage than I did. :)

[SHERIFF]

Originally posted by SergntMac

Had it gone the other way, had the suspect fired on the officers and killed one, or, all of them, how much would that settlement check to their survivors be made out for...Anyone?


Smith & Wesson would be shelling out $1.5 million, because the defedant's gun jammed and caused him to be killed. :D

[SHERIFF]

Oops, I forgot to mention.... my then 4-year-old daughter, who was with me at the time (lucky she wasn't killed), has until age 18 to file her lawsuit. And they know it's coming. :D

[Haggis]

Originally posted by SergntMac
Had it gone the other way, had the suspect fired on the officers and killed one, or, all of them, how much would that settlement check to their survivors be made out for...Anyone?

Zero, niltch, nada, nothing, not a G** D** red cent. It is ok for a bad guy to shoot a cop or another bystander, but have a cop or legally armed citizen shoot someone and LAWSUIT.

First of all when a LEO tells you to freeze you freeze. That does not mean reach for or wallet or anything else. Depending on lighting conditions the cops do not know what your reaching for and they like everyone else want to go home after a hard day of work.

They should have not settled for $3 million or any other amount, sorry your son was to be detained for questioning when he resisted arrest. Sorry, no sympathy here.

[woaface]

Originally posted by SHERIFF
But I am reasonably certain they would. It's the American Way, the only manner a wrong can be undone. :D

:lol:

[woaface]

Originally posted by Haggis
...when a LEO tells you to freeze you freeze. That does not mean reach for or wallet or anything else...

Common sense isn't that common:)

Guy I heard about in drivers ed...true story. Guy is pulled over for speeding. He made several mistakes.
He:
1. Kept his insurance papers under his seat.
2. Reached for them without telling the officer where they were when they were asked for.
3. Also kept a fishing knife under the seat. (Long blade)

As the guy leans back up in his seat he finds (suprisingly!) a cocked 9mm on his temple.

Guess where this genius worked? The South Carolina Department of Motor Vehicles!!!

[Smokie]

Four police officers, 41 shots fired, about 10 shots fired per officer, I don't know the circumstances involved but one thing seems obvious: the officers were either terrified of this man...or very, very angry.

[SHERIFF]

Originally posted by Haggis

First of all when a LEO tells you to freeze you freeze. That does not mean reach for or wallet or anything else. Depending on lighting conditions the cops do not know what your reaching for and they like everyone else want to go home after a hard day of work.



Police officers should also know that not everyone in this country speaks English. If a cop in France yelled anything at me I wouldn't have any idea what he just said. :D

[SHERIFF]

Originally posted by Smokie
Four police officers, 41 shots fired, about 10 shots fired per officer, I don't know the circumstances involved but one thing seems obvious: the officers were either terrified of this man...or very, very angry.


What scares me even moreso is the fact they missed with so many rounds. They weren't even shooting 50%. :)

[jgc61sr2002]

Originally posted by SergntMac
This is what makes America the great country it is. Cops make a judgement call, and when it's the wrong call, the survivors can find some kind of justice in the aftermath. It doesn't equal a human life, but it's something to work with. Spent the right way, there may be future doctors, or, statesmen among his survivors.

Had it gone the other way, had the suspect fired on the officers and killed one, or, all of them, how much would that settlement check to their survivors be made out for...Anyone? Sarg - It definitly wouldn't be 3 Mil.

[gonzo50]

Originally posted by woaface
1. Being under intense pressure, day in and day out, it's somewhat understandable that the officers acted as they did, even if they could have waited another couple of seconds to see what he was pulling out.
What is so understandable about four officers shooting at someone 41 times at close quarters.

The officers definately over reacted, I'm sure their training didn't teach them that. What is the caliber of weapon they carry ? 357 mag, 45 caliber, 9mm, 38 special, ? I'm not no expert in marksmanship, but I know that one 45 cal. round can knock down any average size person easily, yet alone 41 rounds.

I'm not taking sides here, but one innocent person is dead, Profiling is a very serious issue with deadly consequences.

[jgc61sr2002]

Originally posted by Smokie
Four police officers, 41 shots fired, about 10 shots fired per officer, I don't know the circumstances involved but one thing seems obvious: the officers were either terrified of this man...or very, very angry. As I recall. One officer fell discharging a round and the others thought they were being fired upon. Remember 10 rounds can be fired in several seconds. There are 16 rounds in a magazine and each officer has at least three.

[woaface]

Originally posted by gonzo50
What is so understandable about four officers shooting at someone 41 times at close quarters.

It's somewhat understandable...I think that officers have a lot of stress put on them by nature of job, and sometimes I wonder whether their training could change that. Special Ops guys in the Army certianly can't freak out under pressure. I'm not saying cops should get really heavy duty training like that...but something close. Not COMPLETELY, but somewhat

[usgecko]

quote:
--------------------------------------------------------------------------------
Originally posted by haggis
Zero, niltch, nada, nothing, not a G** D** red cent. It is ok for a bad guy to shoot a cop or another bystander, but have a cop or legally armed citizen shoot someone and LAWSUIT.

First of all when a LEO tells you to freeze you freeze. That does not mean reach for or wallet or anything else. Depending on lighting conditions the cops do not know what your reaching for and they like everyone else want to go home after a hard day of work.

They should have not settled for $3 million or any other amount, sorry your son was to be detained for questioning when he resisted arrest. Sorry, no sympathy here.
--------------------------------------------------------------------------------



Sorry - am I missing something - when did the individual resist arrest ???? If you have more details than in the original post and he did in fact resist then my apologies, but from that original post it does not appear he resisted.

[SHERIFF]

Originally posted by woaface
I'm not saying cops should get really heavy duty training like that...but something close.

Here's New York's training on the matter.......

http://cagle.slate.msn.com/news/diallo/diallogifs/j030100.gif

[SHERIFF]

http://cagle.slate.msn.com/news/diallo/diallogifs2/000322_01.gif

[SHERIFF]

Originally posted by woaface
That's a crap load of money that was originally filed suit for. $1 million a bullet? $81 altogether? What?! ... what the hell does $81 million have to do with it?


The suit was filed for $160,000,000.00, not $81 million. You can read it here.....

http://www.courttv.com/archive/national/diallo/complaint.html

[SHERIFF]

Here's another tidbit I found on the Internet, straight from a horse's mouth....

Other pieces of the puzzle: On February 6, the Times reported that SCU officers have a reputation as "cowboys" who conduct many unlawful searches and seizures. On February 11, Newsday reported that the SCU has quadrupled in size from about 100 two years ago to 400 today, and that officers receive little training and no direct supervision. The Daily News weighed in on February 14 ("Rudy Ordered His Cops To Hunt and Confront Urban Prey"), and on February 16, Newsday got a retired cop to talk on the record.

His revelation? SCU officers "have fallen for department mythology, which regards them as supercops. They violate the constitution every day. . . . They are rated by the number of guns they bring in and the number of felony arrests they make. They have no parameters anymore."

[Haggis]

Originally posted by SHERIFF
Police officers should also know that not everyone in this country speaks English. If a cop in France yelled anything at me I wouldn't have any idea what he just said. :D

When I was stationed in Germany I did not speak German very well at first, but I knew when a LEO said something to me I stopped and did not move until it I knew it was ok. Woaface said it "Common sense isn't that common" and I agree.

[Haggis]

Originally posted by usgecko
quote:
--------------------------------------------------------------------------------
Originally posted by haggis
........sorry your son was to be detained for questioning when he resisted arrest. Sorry, no sympathy here.
--------------------------------------------------------------------------------



Sorry - am I missing something - when did the individual resist arrest ???? If you have more details than in the original post and he did in fact resist then my apologies, but from that original post it does not appear he resisted.

My fault I included a generalized statement into the paragraph

[Haggis]

Originally posted by woaface
Special Ops guys in the Army certianly can't freak out under pressure...[/I]

Yea they can and they do, enough said.

[woaface]

Originally posted by Haggis
Yea they can and they do, enough said.

Ok, yeah. But wouldn't better training for police officers generally work in the direction of being a good thing? They gotta have somethin?

[woaface]

Originally posted by SHERIFF
The suit was filed for $160,000,000.00, not $81 million. You can read it here......

Sorry, I was going by the article you posted first, in which it said... "Diallo's parents originally filed an $81 million wrongful death lawsuit against the officers and the city seeking $20 million each in damages plus $41 million for pain and suffering, or $1 million for each bullet."

Either way, it's one stupid amount of money.

[woaface]

Hey Haggis! I know a guy around here you might get a long with. Friend of mine, I hang out with his kids all the time. Big old guy, born and raised here, and I guess from his parents, he has a somewhat thick scottish accent. I never knew what haggis was until I met him:D He's great:D

[Haggis]

Originally posted by woaface
Ok, yeah. But wouldn't better training for police officers generally work in the direction of being a good thing? They gotta have somethin?

Yes police officers can benefit from extra training, so can everybody else. What I was refering to was that Special Ops Forces have been known to freak out under pressure just like everybody else. http://smilies.sofrayt.com/1/h0/nut.gif

I guess I will just have to come down there somrtime then. I am always willing to split a haggis share some good scotch and shoot the breeze.

[Ross]

A lot of people say things like "no amount of money will bring him back," or "how do you put a money value on a human life?" While those things make sense, there is something else to consider. In our court system, ALL that we can sue for is money. If an officer wrongfully kills someone, (or if a drunk driver kills someone for that matter), true justice, in the strictest, harshest sense of the word, would be for the officer to give up his life in exchange for the one he wrongfully took. However, we do not allow people to sue and have a court order that the killer has to die. Only in criminal murder cases (in some states) can that happen.
Therefore, the ONLY thing that the family can sue for is money. Either that, or just forget about the death of their loved one and let the wrongdoer off the hook completely, thereby encouraging such conduct in the future.
In the old days, a case like this would have never have come to court. The family of the murdered man would have killed their loved one's murderers for vengeance, or justice, themselves. I think that our current system is preferable.